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MP3tunes Offers Music Service Without DRM

ThinSkin writes "Former MP3.com chief and Lindows CEO Michael Robertson will reenter the music world next week with MP3tunes, a service that promises music without DRM restrictions. MP3tunes hopes to attract users who are fed up with restrictions on copying music from sites that use digital-rights-management techniques, such as iTunes."

399 comments

  1. Hooray! by daveschroeder · · Score: 5, Insightful

    I can't wait to download normal music that normal people actually want from the five major US record labels!

    *Cough*

    Anyone can do music without DRM.

    Can they do music people want?

    Spare me the arguments about how "it's not really what people want" because it's force-fed by Clear Channel, the labels, and a corrupt industry, and people just *think* they want it. Believe it or not, some artists on major labels have talent. Some don't. *Gasp!* Some completely unknown, independent artists may have talent, but might never have that talent shaped as well as it could be in the hands of professionals - and by "professionals", I don't mean music industry shills, I mean people who have done this for ages. Perhaps there are some bands out there who have the musical talent, business prowess, and personal presence to pull it off themselves. And maybe you think Open Source and "music/information wants to be free" socialistic type ideas - not using that in the pejorative sense - is the way to go. Fine. But the fact of the matter is that the MAJOR labels will demand DRM, unless one of them rolls (very unlikely), or a new paradigm takes over. Sure, maybe a DRMless music store will be part of that new paradigm. But at least realize that the vast majority of people won't give a shit about the vast majority of music on a DRMless service.

    Do any of us like or want DRM? Hell no. But some of us realize that it's an extremely imperfect solution to a partly perceived, partly real problem. And, right or wrong, it's frankly their content to protect and do with as they see fit, as recognized under our system of laws as set forth by our elected officials, regardless of whose pockets you think they're in. If you are the ultimate cynic, and think everything is shot as it is, then you'll likely not understand any of this at all, or the fundamental desire of people to protect and secure their property or things they have invested in, no matter how unbalanced YOU might think it seems. But no one is forcing you to buy or listen to major label music. No one is forcing to you buy an iPod or use iTunes. Perhaps some of you put your money where your mouth is, but most of you are hypocrites. And the worst among you are those who think you can steal things who don't belong to you. And yes, it is stealing. An apt excerpt:

    [...] different types of stealing are covered by different laws because they differ in the details. Theft through breaking and entering: burglary. Theft from one's employer: embezzlement. Theft by committing fraud through the mail: the aptly named mail fraud. Theft by the unlawful copying of somebody else's property: copyright infringement.

    And the "deprivation" argument is pure shit, so don't even go there.

    I wish them luck. I really do. I'd love to have no DRM on all of my video, television, movies, music, and be able to use things I *bought* any way I see fit on any device at any time. No broadcast flag, no forced no-commercial-skip, no DRM.

    But I'm also practical.

    That, and not a, you know, moron.

    1. Re:Hooray! by soupdevil · · Score: 2, Insightful

      Most of what you said is quite true. And some of us would exclusively support artists who shunned the DRM system, if it was easy enough to legally find digital music from artists who didn't want to handcuff their customers. Hopefully, mp3tunes.com will be that easy new way.

    2. Re:Hooray! by Anonymous Coward · · Score: 0

      No, he's being an induhvidual and unique just like everyone else. The dude with teh 5 earrings is being exactly who people are paying for him to want to be.

    3. Re:Hooray! by mboverload · · Score: 1

      Giving up is not practical.

    4. Re:Hooray! by Marxist+Hacker+42 · · Score: 1

      Completely agreed. Which is why I haven't bought major label music since college- and won't.

      --
      SJW: a person who perceives an injustice, and while correcting it, commits a greater injustice.
    5. Re:Hooray! by CrackedButter · · Score: 1, Offtopic

      But if I do as you say, I will no longer be 1337 in my circle.

    6. Re:Hooray! by mboverload · · Score: 5, Funny
      You should probably read this then:

      http://www.downhillbattle.org/itunes/

    7. Re:Hooray! by Anonymous Coward · · Score: 0

      Proof, mods can be insightful...

    8. Re:Hooray! by sonic_ak · · Score: 3, Interesting

      Can refusing to buy the label's music really change things? I doubt it. I agree with the first poster saying that the format under which music is released is not a very good indicator of quality. Although I don't like how the major labels do business, me not buying a CD, or even thousands of people like me not buying their CDs will not change things. They have a financial incentive to screw over the artists and the consumers, thus, I believe, degrading the music that they are related with. Until that financial incentive is removed, things can't get too much better. The consumer politics approach only addresses specific symptoms of a problem, it doesn't deal with the root causes.

      --
      Sig is a crazy old German guy.
    9. Re:Hooray! by mboverload · · Score: 2, Funny
      "With iTunes I don't feel guilty when I download music - Apple and the record labels do the screwjob for me."

      iTune Music Store: Facelift for a corrupt industry.

    10. Re:Hooray! by Anonymous Coward · · Score: 0

      Your arguments make perfect sense.

      But I'll keep pirating anyways, with my very occasional purchase and much more common library rental *cough* copying *cough*.

      But, yes, I, in my very hypocritical way way, also hope this takes off.
      I can't think of any single song or two I'd want to actually pay for, as I am usually willing to wait for it from the library (news flash: i'm a theif with patience.)

    11. Re:Hooray! by Hatta · · Score: 1

      And the "deprivation" argument is pure shit, so don't even go there.

      For such a shit argument, I haven't seen any good refutations. Frankly I think those who try to increase their profits by creating artifical scarcity are the ones who are guilty of stealing.

      --
      Give me Classic Slashdot or give me death!
    12. Re:Hooray! by Anonymous Coward · · Score: 0

      Word.

    13. Re:Hooray! by Anonymous Coward · · Score: 0

      No, you're a moron in pseudo-intellectual clothing. Your rant never elevated above regurgitation of common platitudes, accepted 'wisdom' expressed in a "wisecrakkin', gum snappin'" manner, strawman defense of imaginary arguments and one, big apologetic for middle class tastes. Get over yourself.

    14. Re:Hooray! by Captain+Splendid · · Score: 2, Insightful
      Which is why I haven't bought major label music since college

      Okay, after reading this sentence for years, in one form or another, I call bullshit.

      I mean, how do you constitute major label? Granted, we all know the big ones. But do you actually keep track of the gazillions of record labels, big and small, who gets bought out by who etc.?

      Seriously. Let's say there's a small indie label who put out a couple of artists you like. How do you know if they get bought out? And if they do, do you immediately stop buying their product even if one of the bands on their roster plays some of the best music you've ever heard?

      While I understand and appreciate your sentiment, I also can't understand why you'd do this. Not to mention spending precious time figuring who's a big bad media company and who isn't. I guess what I'm saying is good music comes before priciples. Life is too short.

      --
      Linux, you magnificent bastard, I read the fucking manual!
    15. Re:Hooray! by Anonymous Coward · · Score: 0

      And, right or wrong, it's frankly their content to protect and do with as they see fit...

      I see that argument a lot. Does that mean if I put out a CD and don't want Jews buying it, I can do that? After all, it's my content and I can do as I see fit. What if Bill Gates decides that he doesn't want Windows being sold to blacks? It's his content, he can distribute it as he sees fit.

      And don't give me that crap about "well THAT'S racism and therefore wrong". Just because there's an easily identifyable and socially "bad" -ism doesn't make it any different. The fact is I can't even open a 7-11 and sell to only whites, nor can I tell stores to sell my CD to only whites, even if I want to "protect" it in my own little definition by not letting blacks buy it.

    16. Re:Hooray! by farmer11 · · Score: 2, Insightful

      And the worst among you are those who think you can steal things who don't belong to you. And yes, it is stealing. An apt excerpt:

      And yes, it is stealing. An apt excerpt [slashdot.org]:

      [...] different types of stealing are covered by different laws because they differ in the details. Theft through breaking and entering: burglary. Theft from one's employer: embezzlement. Theft by committing fraud through the mail: the aptly named mail fraud. Theft by the unlawful copying of somebody else's property: copyright infringement.


      Nice quote. So is it stealing because you say so or because that guy you quoted says so?

      And what if I live in a country not covered by US law? Is it stealing then?

      Just because something's law doesn't mean it right or that it's immoral to do what you think is the right thing. Would you have said the same thing about womens rights to vote in the past? Or the rights of minorities?

      And on the whole stealing thing... it's a freaking digital copy, no on has been deprived of anything! I spend the same amount of money every year on 'stuff' regarless of how many divx movies I watched. To use a tired phrase, I vote with my dollars by not giving them to the damn RIAA/MPAA!

    17. Re:Hooray! by dont_think_twice · · Score: 2, Insightful

      But the fact of the matter is that the MAJOR labels will demand DRM, unless one of them rolls (very unlikely), or a new paradigm takes over. Sure, maybe a DRMless music store will be part of that new paradigm. But at least realize that the vast majority of people won't give a shit about the vast majority of music on a DRMless service.

      Every revolution has to contend with two powerful forces: those currently in power who resist it the revolution for their own gain, and, more importantly, the lazy masses who don't care about freedom or fairness, as long as they are comfortable. Usually people end up in the ignorant masses because they don't understand or care. You, on the other hand, seem to be proud to be on the side of blissful ignorance.

      Do any of us like or want DRM? Hell no. But some of us realize that it's an extremely imperfect solution to a partly perceived, partly real problem.

      Does anyone like being ruled by the King of England? No, but it is an imperfect solution to a partly perceived, partly real problem.

      Does anyone like that we are fighting in Vietnam? No, but it is an imperfect solution to a partly perceived, partly real problem.

      Either it is a good solution or a bad one. Pick a side. I have nothing but contempt for those who piously carry the banner of compromise in the name of convenience, and then declare that anyone who takes a true stand is a moron.

      Perhaps some of you put your money where your mouth is, but most of you are hypocrites. And the worst among you are those who think you can steal things who don't belong to you. And yes, it is stealing.

      Whether it is stealing or not (and your excerpt does nothing to prove your assertion), downloading all of your music is wrong. Downloading an occasional song, on the other hand, is not so clearly wrong. Nobody accuses people of stealing for taping songs on the radio.

      I wish them luck. I really do. I'd love to have no DRM on all of my video, television, movies, music, and be able to use things I *bought* any way I see fit on any device at any time. No broadcast flag, no forced no-commercial-skip, no DRM.

      But I'm also practical.

      That, and not a, you know, moron.


      So anybody who doesn't accept the current state as it is fed to them by those in control is a moron? Such as George Washington? Ghandi? Martin Luther King Jr? Should I go on?

      I am NOT suggesting that the struggle over DRM is in any way equivalent to the true struggles that those brave men led. But I am suggesting that you have to be a moron to simply sit on your ass and make fun of anyone who tries to fight for what he believes in. And you have to be a really big fucking moron to proudly proclaim that you have no intention of fighting for what you believe in, because you "are practical".

    18. Re:Hooray! by Anonymous Coward · · Score: 0

      no matter how much you univeristy faggots try to push your preferences on students and the public through Mac only computer labs, it'll never catch on.
      Yeah I know, I hate how those homosexual college administrators break into people's houses and force them to use Macs... they're so EGOTISTICAL, BIGOTED AND OPINIONATED.

    19. Re:Hooray! by Anonymous Coward · · Score: 1, Interesting
      Well, here's the big list o' evil labels.

      Enjoy.

    20. Re:Hooray! by daveschroeder · · Score: 0

      it's a freaking digital copy, no on has been deprived of anything!

      http://slashdot.org/comments.pl?sid=138159&cid=115 57917

    21. Re:Hooray! by e2ka · · Score: 1

      That's a rather narrow definition of "normal". Care to elaborate on how those who like indie bands are somehow "abnormal", while those who like mainstream stuff are "normal"?

      Actually it's a broad definition of "normal". Normal as in, given a random person, you can expect them to listen to music from the major 5 record labels. Normal as in, more probable.

    22. Re:Hooray! by westlake · · Score: 0, Flamebait
      I am NOT suggesting that the struggle over DRM is in any way equivalent to the true struggles that those brave men led.

      Sure sounds like it, though.

    23. Re:Hooray! by Anonymous Coward · · Score: 0

      Perhaps you didn't read the rest of his comment. He spends the same amount of money on "stuff" every year, regardless of how much he downloads. This in the end has no net effect for anybody but himself. But I guess you like to think that if somebody gets something for nothing, it's automatically "theft", regardless of what's actually happened.

      But hey, whatever makes you feel righteous, huh?

    24. Re:Hooray! by dont_think_twice · · Score: 1

      howso?

    25. Re:Hooray! by CactusInvasion · · Score: 1

      I am one of those people who haven't bought a single CD since college. I believe myself to be a rare case though, since I'm still so poor (man, what did that college degree do for me besides get me into debt?) that I can't really afford to buy one - even one of those indie labels that claims to be free of all the extra baggage, yet costs more or less the same (yeah yeah, they still have costs, I know).

      Wow, that's like a decade without investing in new music. I'd never realized how stuck in a rut I was.

    26. Re:Hooray! by Captain+Splendid · · Score: 1
      Holy long list Batman!

      See now, if I had principles, I'd be pretty stewed!

      --
      Linux, you magnificent bastard, I read the fucking manual!
    27. Re:Hooray! by Captain+Splendid · · Score: 1
      Wow, that's like a decade without investing in new music. I'd never realized how stuck in a rut I was.

      HEAL, BROTHER!

      Thank you, the "contribution" table is right at the exit...

      Next!

      --
      Linux, you magnificent bastard, I read the fucking manual!
    28. Re:Hooray! by morbiuswilters · · Score: 1

      After listening to so much insanity here on /. concerning copyrights (and I'm not saying the RIAA are all right either, just that they have some grounding in reality) I am at the point where I wish you would all get your way. I wish copyright laws would be repealed, high-quality versions of all media would be available for your pleasure and that the media conglomerates would have no recourse. Then, the media companies can pull out of the market, taking their originals away and locking them up forever and pulling out all of their cash, leaving the artists and professionals without any source of revenue. If Britney Spears wants to eat, then the anorexic bitch can take Paypal!

      Think of the freedom!

      We would have no reason to invest in HDTV or high-end digital sound equipment because every movie would look like it was shot with Super 8 and every mp3 album would sound like it was recorded in some guy's parent's basement because--hey, guess what!!--it was. We can once and for all kill off those arrogant FLAC bastards because who wants lossless encoding of shit? Seriously, we can just spend all day trying new and exotic codecs, hoping we end up with something halfway listenable ("Yo! Yo! Realaudio in the hizzle! It kinda sounds like electronic feedback when you push the bitrates into the single digits!"). And you know what, we'll all be happy for the feedback because, by God, we will be free of EMI and Sony and Universal once and for all! Who needs unimaginative crap like the Beatles when you have Phish. They let people tape their concerts, because they are rebels and not because even they realize that their fans wouldn't buy their music even if they hadn't blown the last of the cash they stole from mom's purse on a dime back this morning. They are like Jesus but with even more salvation and far less Christian!

      And verily, it will be a brighter world because farmer11 wasn't forced to make a purchasing decision and we won't really be depriving ourselves of good music because it will no longer be illegal and this mythical "future-music" that would have been created is just as much a fiction as the cash we are supposedly "stealing" from greedy record execs.

      --
      I have come here to chew memory and kick ass... and malloc() is returning a null pointer.
    29. Re:Hooray! by morbiuswilters · · Score: 2, Interesting

      Compromise in the name of convenience is what makes the world go round. If every person insisted on getting their way all the time and refused to give up because the were absolutely right, then we'd all be up to our necks in quarrelous, obnoxious loons who are more interested in stroking their own egos than in being productive and going about the business of their own happiness...

      Oh sod it all...

      --
      I have come here to chew memory and kick ass... and malloc() is returning a null pointer.
    30. Re:Hooray! by Anonymous Coward · · Score: 1

      Heh, it's actually pretty easy to avoid RIAA labels. I've been doing it for decades and I didn't even realize it. You know there are a LOT of labels out there? Anybody can start a label in their bedroom. In fact I would say if you buy your music from the right places you can buy thousands of CDs and never see an RIAA label.

      I buy about 10 CDs a month from indie labels. Maybe 1-2 a year from RIAA labels. And all my 4AD CDs (Cocteau Twins, Lush, etc) from way back are RIAA CDs, I didn't know that, but I'm not gonna burn 'em or anything.

      Here's one of my favorites: planet mu. They do electronic, indie, post-rock, some mash-ups, etc..

      Anyway here's an easy way to tell a "good" label: fire off an email to the label head and ask him or her what they think of the RIAA. The reply should tell you all you need to know. The fact that you *get* a reply should also tell you something.

      Indie labels are plentiful. The music is good. Support them, see their shows. Buy 'em a beer afterwards.

      Think of the music industry like any other: computer programmer, janitor, veterinarian, etc. You support folks in your home town with a good reputation. They earn a good living. Sure there might be some superstars, but not many. Somehow we've been trained to believe that at any given moment there are just 10-20 GOOD musicians, and the rest are wanna-bes. It ain't so.

    31. Re:Hooray! by Macadamizer · · Score: 1

      "I see that argument a lot. Does that mean if I put out a CD and don't want Jews buying it, I can do that? After all, it's my content and I can do as I see fit. What if Bill Gates decides that he doesn't want Windows being sold to blacks? It's his content, he can distribute it as he sees fit."

      There isn't any law that would stop you or Bill Gates in this matter -- the Government is not allowed to behave in a racist manner, and sometime we don't allow certain private businesses that are providing public services (like employers, and certain other regulated industries) to behave in a racist manner, but there is not law that says YOU or any other private citizen cannot behave in a racist manner. You, as a private individual or a private company, generally have the right to refuse service to anyone. And for any reason, I might add.

      "And don't give me that crap about "well THAT'S racism and therefore wrong". Just because there's an easily identifyable and socially "bad" -ism doesn't make it any different."

      You are right, it doesn't make any difference.

      "The fact is I can't even open a 7-11 and sell to only whites"

      But the reason has more to do with the fact that this is considered a highly-regulated industry, and there is significant government involvment, and that stores that are generally open to the public have some regulations that, say, a private club wouldn't have.

      "nor can I tell stores to sell my CD to only whites"

      That you could do -- as a distributor, you can decide who you want to sell to, and put some restrictions on downstream sales (I am assuming you are talking about trademarked goods here) -- you probalby wouldn't get anyone to carry your work with such a restriction, but you could, in theory, do this.

      But you certainly could sell them over the internet or something, or by mail, and refuse to sell to blacks, or whites, or whomever you want. Once again, it's not illegal to be a racist.

      --

      "That's not even wrong..." -- Wolfgang Pauli
    32. Re:Hooray! by Macadamizer · · Score: 1

      Amen, brother!

      --

      "That's not even wrong..." -- Wolfgang Pauli
    33. Re:Hooray! by dilvie · · Score: 1

      I agree that big labels will continue to resist distribution without DRM -- for a time, but that emperor has no clothes. It's only a matter of time before the whole world is aware that DRM doesn't work the way it's supposed to work, and actually breaks things for consumers.

      In the mean time, I think there's plenty of space for a site that's focussed on independent artists. The original mp3.com built an impressive audience, and I'm sure Michael has learned a few tricks since then.

    34. Re:Hooray! by Anonymous Coward · · Score: 0


      You mean I would be missing all that I enjoy now?

      It's been years since I bought any CDs, and longer since I downloaded music.

      I hope they crash and burn, all of them..

    35. Re:Hooray! by biscrage · · Score: 1

      how to keep track track of which bands and what labels? this helps http://magnetbox.com/riaa/search.asp also you can look at the list on the riaa 's website and compare it to the Labels label on the cd case. Thats what i do. as to why, if we continue to give money to them, it will continue to be the most likely way for bands to 'make it' so lots of them will sign up, and only a few will make it while the rest get screwed by the same people that screw us, the customer. you can continue to support bands buy buying their merchandise and going to shows, which usually sees a much higher percentage of profit going to the artist) and still listen to their new music with out buying the riaa cds ;)

    36. Re:Hooray! by caswelmo · · Score: 2, Insightful

      Are you seriously equating the King of England, Vietnam, & political revolutions to our so-called battle with the music industry? You need some perspective.

    37. Re:Hooray! by dont_think_twice · · Score: 1

      Are you seriously equating the King of England, Vietnam, & political revolutions to our so-called battle with the music industry? You need some perspective.

      Let me quote myself:

      I am NOT suggesting that the struggle over DRM is in any way equivalent to the true struggles that those brave men led.

    38. Re:Hooray! by neuroklinik · · Score: 2, Interesting

      Apple makes less than $0.10 per song sold on the iTunes music store, quite a bit less than the $0.35 estimated by http://www.downhillbattle.org/itunes/. Check out this article instead: http://news.com.com/2100-1027-5088849.html. The key quote being:

      Still, even those optimistic about the market don't see Apple getting a major boost to the bottom line.

      "At a profit of less than 10 cents per song, the music store does not represent a major income opportunity for Apple," [analyst Charles] Wolf wrote in the July report. Still, the company could benefit from increased iPod sales, he said.

    39. Re:Hooray! by Anonymous Coward · · Score: 0

      Don't back down so fast! This isn't just about music -- this is about copyright, the nature of intellectual property, and the architecture of controlling expression. Ultimately, it's about whether we should have systems in place that essentially act as soldiers occupying your computer, telling you what you may and may not view, listen to, or give to others. Wars have been fought over less than this.

    40. Re:Hooray! by DarkOx · · Score: 1

      Does he need perspectove?

      Today we are taxed by our government here in America at a higher rate then the surfs of midevil Europe. That same government is very often bought off by large industries like the record labels into doing things that if were presented to the public, would no doubt be rejected by the majority. Those same companies control the media to a large degree and therfore are able to if not already preventing much write up on those activites that the general public would see. These people turely are creating an Oligarthy that is every bit as oppressive as the Monarchy our Forefathers fought a revolution against, the truth is King George really was not oppressing Americans that much in the scheme of things. When manufacturing industry tried the same thing 70 some some years ago T.R. Rosevelt stopped them. I don't think G.W. Bush is going to do anything of the sort and I know J.F. Kerry certainly would not have. To a large degree this battle with media industry IS AS IMPORTANT as past revolutions becasue we are starting to be oppressed by them.

      --
      Repeal the 17th Amendment TODAY! Also Please Read http://www.gnu.org/philosophy/right-to-read.html
    41. Re:Hooray! by Lovesquid · · Score: 0

      Then why are you referring to those struggles in your arguments, if you are not making a comparison between them and our current struggles regarding DRM?

      Just wondering why you mention them at all, if not to compare?

    42. Re:Hooray! by Marxist+Hacker+42 · · Score: 1

      The financial incentive will be removed the day that EVERYBODY fails to buy their CDs merely because they are a major label. When artists become blacklisted by the public for signing a deal with a major label, other artists will cease signing deals with that label. It not only can change things- it's the only way to change things.

      --
      SJW: a person who perceives an injustice, and while correcting it, commits a greater injustice.
    43. Re:Hooray! by Marxist+Hacker+42 · · Score: 2, Interesting

      I mean, how do you constitute major label? Granted, we all know the big ones. But do you actually keep track of the gazillions of record labels, big and small, who gets bought out by who etc.?

      Simple- I never buy CD's at all. I long ago finished collecting all the old music I'll ever need for my life. Small artists who I support, also support their fans- by making money off of their CONCERTS instead of their RECORDINGS, and by releasing lower quality, but still good, recordings for free on the web themselves under the Creative Commons License. To me- it's the only way to insure that I'm listening to what I consider to be good music. YMMV- if you listen to music for reasons other than why I do for instance (the only new music I've supported recently has been people like Baby Gramps and Complex Numbers- people who actually have something to say with their music other than "Look at me I'm a big rock star out to make millions")

      --
      SJW: a person who perceives an injustice, and while correcting it, commits a greater injustice.
    44. Re:Hooray! by dont_think_twice · · Score: 1

      Equating != Comparing. Of course I am comparing them. I am not equating them though. Follow?

    45. Re:Hooray! by Captain+Splendid · · Score: 1
      people who actually have something to say with their music other than "Look at me I'm a big rock star out to make millions"

      Hey, I'm all for music that has something to say, whether lyrically or musically, but sometimes it's just great to enjoy a band that simply puts on a great show. The Darkness comes to mind. They're not going to replace my Beatles and Zep collection, but it can refreshing (and fun) to just bang your head.

      Like you, I've got all the 'old' music I could ever want on my fileserver and backed up to CD (the luck of working for a cybercafe during the Napster era), but I've found you can't predict what's going to come out that tickles your fancy. Hell, there's even one Britney song I have a fondness for in my collection! You just never know....

      And hey, thanks for the namechecks, never heard of either band, will definitely check them out.

      --
      Linux, you magnificent bastard, I read the fucking manual!
    46. Re:Hooray! by Marxist+Hacker+42 · · Score: 1

      Hey, I'm all for music that has something to say, whether lyrically or musically, but sometimes it's just great to enjoy a band that simply puts on a great show. The Darkness comes to mind. They're not going to replace my Beatles and Zep collection, but it can refreshing (and fun) to just bang your head.

      Yeah- but it's way more fun to do that in concert than to a recording.

      Like you, I've got all the 'old' music I could ever want on my fileserver and backed up to CD (the luck of working for a cybercafe during the Napster era), but I've found you can't predict what's going to come out that tickles your fancy. Hell, there's even one Britney song I have a fondness for in my collection! You just never know....

      That's scary- especially since Britney is largely considered to be yet another eample of a teen version of Milli Vanili. Ever think of tracking down the person who wrote the song instead?

      And hey, thanks for the namechecks, never heard of either band, will definitely check them out.

      The second will send you a CD, for free, if you promise to play it publically at an anti-H-1b protest (and they're also willing to come, for expenses, for any pro-worker fundraiser anywhere in the country). Not that the CD is any better quality than you can download from their site to begin with.

      Baby Gramps- he's only got one album out, and the only place I can think of for you to buy his CD is at his show. And the only consistent place I know of to find his show is the Oregon Country Fair- if you don't mind the horrid traffic getting there, and all the young ladies with body paintings...He may have a website though- I've yet to look.

      --
      SJW: a person who perceives an injustice, and while correcting it, commits a greater injustice.
    47. Re:Hooray! by Blublu · · Score: 1

      Check out this site. It's a nice place to find good music. You can listen as much as you want for free, and if you want, you can buy it. You decide the price yourself, and 50% goes directly to the musicians. Try it out, there really is some good music there.

      I don't know exactly how mp3tunes.com is going to work, but it looks interesting.

      --
      meh
    48. Re:Hooray! by Domo-Sun · · Score: 1

      No one is forcing to you buy an iPod or use iTunes. Perhaps some of you put your money where your mouth is, but most of you are hypocrites. And the worst among you are those who think you can steal things who don't belong to you.

      And no one is forcing you to have a flawed business plan, but they may force you out of business, as well they should. But, if you're saying that no one is forcing you to choose between having iTunes with DRM or to not have iTunes, then I would say that you are being forced.

      And yes, it is stealing. An apt excerpt:

      [...] different types of stealing are covered by different laws because they differ in the details. Theft through breaking and entering: burglary. Theft from one's employer: embezzlement. Theft by committing fraud through the mail: the aptly named mail fraud. Theft by the unlawful copying of somebody else's property: copyright infringement.


      OK, so let's say different types of stealing are different, such as stealing a car vs stealing a song, naturally they should be treated differently. And you haven't convinced me that copying/stealing MP3's is wrong.

      Now tell us why you think that copying MP3's is wrong, after all, I could justifiably steal an assailants weapon. Maybe copying IP is a way of saying I refuse to pay more for a CD than is justifiable, a way of disarming people who are taking too much for an outdated technology.

  2. Re:fp by Anonymous Coward · · Score: 0

    .88 per track or 8.80 per album

  3. OGG/Vorbis support by drivinghighway61 · · Score: 5, Funny

    But will they offer OGG/Vorbis downloads? Seriously, I bought the most expensive mp3 player around so I could listen to my extensive, legal music collection in Vorbis. I don't want to spend my time writing a shell script to convert my mp3s to Vorbis, so is there any chance of MP3Tunes offerning OGG downloads? BTW, I had a Vorbis listening party the other night, and I invited all my female friends [robots] to listen. They all noticed the difference between my 128kB/s OGG files and my 64kB/s MP3 files. Up with OGG/Vorbis!

    1. Re:OGG/Vorbis support by Tackhead · · Score: 1, Redundant
      > They all noticed the difference between my 128kB/s OGG files and my 64kB/s MP3 files. Up with OGG/Vorbis!

      /puzzled

      I could tell the difference between just about anything at 128kbps and 64kbps too.

      The question is - can they tell the difference between 192kbps MP3 encoded with LAME, 128kbps OGG, and/or the original CD?

    2. Re:OGG/Vorbis support by enosys · · Score: 3, Insightful

      I think he was just trying to be funny.

    3. Re:OGG/Vorbis support by mboverload · · Score: 1, Informative
      Why would you do that? Transcoding reduces quality by an incredible amount.

      You have an MP3 player, so use it to play MP3s.

    4. Re:OGG/Vorbis support by __int64 · · Score: 0, Redundant

      Hey everybody! Obligatory OGG/Vorbis post detected. MOD IT! :)

    5. Re:OGG/Vorbis support by naitro · · Score: 1
      I don't want to spend my time writing a shell script to convert my mp3s to Vorbis [...]

      #!/bin/bash
      for I in *.mp3; do sox $I $(echo $I | tr -s .mp3 .)ogg; done


      You can of course specify bitrate etc. with the appropriate flags to sox. Refer to the manpage for instructions.

      Cheers!
    6. Re:OGG/Vorbis support by Z0mb1eman · · Score: 2, Insightful

      I'm not sure what's more sad... the fact that I didn't realize you were joking until the robot part, or the fact that the other replies didn't seem to notice at all.

      Good post, regardless :)

      --
      ClutterMe.com - easiest site creation on the Net. Just click and type.
    7. Re:OGG/Vorbis support by geekboy642 · · Score: 0

      Huh. And all this time I didn't think tr had a real purpose.
      Now I know better: it's to ruin the fidelity of music! ;)

      --
      Just another "DOJ fascist authoritarian totalitarian bootlicker" -- Zeio
    8. Re:OGG/Vorbis support by B747SP · · Score: 1
      I could tell the difference between just about anything at 128kbps and 64kbps too.

      That's all well and good, but if you can't tell the difference between measured commentary, sarcasm, satire, and/or trolling, then you'll never make it on slashdot, or on usenet.

      --
      I find your ideas intriguing and I wish to subscribe to your newsletter.
    9. Re:OGG/Vorbis support by Gadzinka · · Score: 1
      Hey, you're using Bash, aren't you?
      for I in *.mp3; do sox "$I" "${I:s/.mp3/.ogg/}"; done
      Robert
      --
      Bastard Operator From 193.219.28.162
    10. Re:OGG/Vorbis support by codemachine · · Score: 1

      Though you joke, I do think that Ogg Vorbis is quite possibly a format they could offer. I mean why not, it is DRM free and popular in the Linux crowd.

      What is more interesting to me is whether they'll offer it in FLAC format. That way you can convert it to any format you want without losing vast amounts of quality. Since they are pushing the fact that being DRM-less allows device portability, why not give format portability too?

    11. Re:OGG/Vorbis support by Profane+MuthaFucka · · Score: 1

      When you encode sarchasm at only 64kbps, you shouldn't expect people to recognize it. jeez. My earz are not that sensitive.

      --
      Fascism trolls keeping me up every night. When I starts a preachin', he HITS ME WITH HIS REICH!
    12. Re:OGG/Vorbis support by forkazoo · · Score: 1

      What, you don't have robots?

    13. Re:OGG/Vorbis support by Anonymous Coward · · Score: 0

      I agree.

      If he's all about "music without DRM restrictions" he should distribute it in format that isn't incumbered by patents and encoder fees like mp3 is.

    14. Re:OGG/Vorbis support by Eptisam · · Score: 2, Funny

      Why would you want to convert an mp3 file into another format? It's typically a lossy proposition... Eptisam

    15. Re:OGG/Vorbis support by Anonymous Coward · · Score: 0

      Not the quickest puppy in the litter, are you?

    16. Re:OGG/Vorbis support by Anonymous Coward · · Score: 1, Funny

      eriously, I bought the most expensive mp3 player around so I could listen to my extensive, legal music collection in Vorbis

      The iPod now has OGG support???

    17. Re:OGG/Vorbis support by Pionar · · Score: 1

      No, I think he was referring to the Rio Karma. It supports MP3, OGG, WMA, FLAC, and I believe ACC. I love mine because I can even use it with my Linux box because the dock has an ethernet port and the player has a web interface that includes java applets to transfer music to and from the player.

    18. Re:OGG/Vorbis support by The+Conductor · · Score: 1
      Hey, you're using Bash, aren't you?
      Um, given the line
      #!/bin/bash
      I would say probably.
    19. Re:OGG/Vorbis support by Anonymous Coward · · Score: 0

      Well either that or he better post the blueprints of those female robots!

  4. Hope he's proved right by jolyonr · · Score: 4, Insightful

    I, for one, would use this. I hope we can prove that it's a successful idea to have a service which actually puts the trust back in the customer rather than treating them as potential criminals.

    I like many others are happy to pay for music, its just there's no way I can BUY music online that isn't crippled. I'd rather buy a CD and rip it.

    Jolyon

    --


    Please read my Canon EOS tech blog at http://www.everyothershot.com
    1. Re:Hope he's proved right by martok · · Score: 1
      I would definitely use this as well. Provided

      there was known music available and it was available in a lossless format. Judging by its title of mp3tunes though, that may not be the case.

    2. Re:Hope he's proved right by enosys · · Score: 1

      What about if you just want a single track, not the whole CD? Is there any place where you can order custom CDs containing tracks from different albums?

    3. Re:Hope he's proved right by thryllkill · · Score: 5, Informative

      Because we all know there are no drm free music services around that offer legitimate and legal in America music downloads.

      --

      Note to self: No more arguing with the faithful.

    4. Re:Hope he's proved right by CastrTroy · · Score: 0, Troll

      What If I want a box of cereal that's half rice crispies and half froot loops? What if I want to buy instant coffee by the teaspoon? What if I want to buy a loaf of bread that has 3 white slices, 3 brown slices, 3 multigrain slices, 3 slices with no outer crust, and only 1 slice from the end of the loaf? They don't offer it. Maybe I should just steal all my groceries. Just because someone doesn't sell something in the particular way you want it, doesn't mean you have the right to just take it for free. If you don't like it, don't buy it.

      --

      Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
    5. Re:Hope he's proved right by Anonymous Coward · · Score: 0

      You dumbass, he specifically said uncrippled downloads. Until they give up the DRM, CDs are the only way to legally get music while retaining your fair use rights. I think that if an obviously on-the-level company in America offered the same thing allofmp3.com does, namely, reasonably priced no-DRM access to all popular music. Unfortunately, giving the insanely non-competitive state of the market, it'll never happen. God I hate the whole fucking world.

    6. Re:Hope he's proved right by thryllkill · · Score: 1

      You dumbass. These are uncrippled downloads of digital music with, say it with me, NO DRM ! As far as all popular music goes, yeah, they might not offer that. But given that most popular music sucks ass, I'm okay with this.

      --

      Note to self: No more arguing with the faithful.

    7. Re:Hope he's proved right by aws6001 · · Score: 1

      Dumbass... emusic has no DRM. Read before you reply.

    8. Re:Hope he's proved right by aws6001 · · Score: 1

      Why am I replying to a reply that you made to your own post. Who's the dumbass now? I must be fitering something out. Sorry.

    9. Re:Hope he's proved right by mrdaveb · · Score: 1

      Actually, the grandparent is the 'dumbass'. The guy you just called names is the one you are agreeing with. Try using the 'parent' link to check for 0 rated AC posts next time

      --
      Homme petit d'homme petit, s'attend, n'avale
    10. Re:Hope he's proved right by Macadamizer · · Score: 1

      I'm not buying another bag of m&m's unless they get rid of the brown ones...

      --

      "That's not even wrong..." -- Wolfgang Pauli
    11. Re:Hope he's proved right by martinX · · Score: 1
      --
      When they came for the communists, I said "He's next door. Take him away. Goddam commies."
  5. About time something like this happened by Anonymous Coward · · Score: 0

    The loss of MP3.com left a gaping hole. Glad to see it's creator "reload".

    1. Re:About time something like this happened by Anonymous Coward · · Score: 0

      Gaping hole, eh? Kinda like goatse.cx?

  6. What's with the names?? by Anonymous Coward · · Score: 3, Insightful

    Can't this guy name a product without ripping off some other product?

    1. Re:What's with the names?? by Anonymous Coward · · Score: 0

      One of the old VP's of MP3.com went on to found DivXNetworks which is named after DivX 3.11 and the now defunct Circuit City Divx video rental system. It's a raging addiction.

  7. Yay by Arbac · · Score: 1

    Finally! Nice to see a bigname in online music stepping up and trying to do something without DRM

    "I think the labels are interested in one thing: selling," but where did he come up with some a novel concept? Big Music is interested in selling? And here I was thinking they were only interested in being evil.

  8. sounds good, but.... by LiquidMind · · Score: 2, Insightful

    this plan may attract a lot of people but can it obtain (and most imporantly: hold on to) enough $$$ to keep it running?
    remember those car insurance companies that used the sales pitch "we will give you our quote and of 3 other competitors" ? yea, it may get you attention, but ultimately, how likely are you to break even?

    not that i'm complaining, i'd love to be able to (somewhat cheaply) buy music and *keep* it.

    --
    This sig contains repetition and redundancy.
    1. Re:sounds good, but.... by grahamsz · · Score: 1

      I tried that site a few years back. It said there were no competitors available in my area (Denver).

      Strangely enough both State Farm and American Family were cheaper..?

    2. Re:sounds good, but.... by yotto · · Score: 1

      remember those car insurance companies that used the sales pitch "we will give you our quote and of 3 other competitors" ? yea, it may get you attention, but ultimately, how likely are you to break even?

      Well, considering the only company I can remember that did that was Progressive, then I'd say it worked.

  9. Here's what I don't get by Stevyn · · Score: 4, Insightful

    Since just about every song anybody would want that is available on most pay services is also on P2P networks, what's the harm of removing DRM? People pay these sites for convenience. All these songs are available elsewhere, but it's more difficult to find and download all the songs on an album on edonkey or kazaa. So all they are doing is annoying their customers, since even if these songs did make it on a P2P network, it wouldn't make much of a difference.

    So services like this that sell songs without DRM shouldn't be a threat to the industry.

    1. Re:Here's what I don't get by Lacrymator · · Score: 1, Insightful

      What about this.. How can you tell the difference between a P2p file and one from this service???

    2. Re:Here's what I don't get by potatoBBQ · · Score: 1

      I would agree with this... people are generally lazy and don't like to be inconvenienced so people that have been listening to mp3s before DRM was ever introduced are not going suddenly decide to actually pay for them when paying for them actually results in a crippled, less convenient to use product... Though I guess people that were introduced to mp3s more recently through the current pay services have always lived with DRM, so I guess they wouldn't really care too much either way.

    3. Re:Here's what I don't get by totipotentsoul · · Score: 0

      I think they don't want to increase the number of mp3s available on p2p - at the moment on Kazaa for new tracks there are many more fakes than real ones, but if you could legally buy the non-fakes (instead of having to go through the effort of ripping them), it might increase the number of non-fakes on p2p. Just a thought.

      --
      The best posts are both flamebait and informative.
    4. Re:Here's what I don't get by totipotentsoul · · Score: 0

      alternative answer - working with Seth McFarlane

      --
      The best posts are both flamebait and informative.
    5. Re:Here's what I don't get by totipotentsoul · · Score: 0

      scratch this - accident

      --
      The best posts are both flamebait and informative.
    6. Re:Here's what I don't get by Anonymous Coward · · Score: 0

      Well I find IRC convenient and DRM free!

      - enough said :)

    7. Re:Here's what I don't get by Lord_Dweomer · · Score: 1
      They do it because the labels won't let them do it without DRM, plain and simple.

      --
      Buy Steampunk Clothing Online!
    8. Re:Here's what I don't get by shark72 · · Score: 3, Insightful

      "Since just about every song anybody would want that is available on most pay services is also on P2P networks, what's the harm of removing DRM? People pay these sites for convenience. All these songs are available elsewhere, but it's more difficult to find and download all the songs on an album on edonkey or kazaa. So all they are doing is annoying their customers, since even if these songs did make it on a P2P network, it wouldn't make much of a difference."

      A common question, particularly among P2P fans who figure that if they and their friends use P2P, then everybody must use it.

      A similar question is "why inconvenience car buyers with locks that they have to keep locking and unlocking, when breaking into a car is so trivially easy for the pros that if they want your car, they'll take it anyway?"

      Another one is "why do retail stores use obnoxious anti-shoplifting measures, like stopping me at the door to check my receipt, or those annoying electronic tags I have to take off, when the good shoplifters will find a way to take what they want?"

      The point that is vital to understand that the DRM on, say, the iTMS stops the casual pirate, just as the car lock stops the casual car thief and anti-theft measures in stores scare away the kids and the first-time shoplifters. And that's good enough.

      And, although many people reading this will simply not believe this, there are lots of people who've purchased from the iTMS but who have no interest or need to install a P2P app. Just as there are red states and blue states, our society has room for people with different moral compasses as it relates to copying somebody else's work without their permission.

      You're not the first person by far on Slashdot to see this as a binary, either-or solution: "DRM can be cracked and it can annoy paying users, so don't even try." Unfortunately, in the world of DRM, as in the world of auto security or retail, things aren't that simple. When it comes to security and protecting one's bottom line, a little goes a long way. If you're still not sure what I'm talking about, just ask anybody who's worked in retail.

      "So services like this that sell songs without DRM shouldn't be a threat to the industry."

      I agree with you here, but probably not for the same reasons. I think DRM-free sites are a great idea, but notice that they largely cater to the unsigned and fringe acts, the ones who vitally need the exposure (an exception is allofmp3.com, of course, where the DRM-less files are put up without the artists' permission). There's definitely a place in the market for them. But when artists and bands get past that point where they're starving for exposure and it's time to finally make some money to make up for all those years of toiling, they'll head to the big boys. Remember, much if not most of the content on iTMS is non-RIAA -- indie labels are flocking to it, too.

      --
      Sitting in my day care, the art is decopainted.
    9. Re:Here's what I don't get by Anonymous Coward · · Score: 0

      Then why do the labels sell *CDs*???

      I can rip a CD in any format, at any bitrate I like, copy it to any number of devices. If it is a real standard-conformant CD (unlike in Europe or some new ones in the US) I can even play it on any player (!).

      And it has a booklet.

      And it gives me a backup, which is not included in services like iTunes (why not??).

      Where's the service that gives me music like a CD does for a fair price? Where the service that lets me buy and download movies without stupid region-codes like any P2P does? I would be *glad* to pay for that!

      Ulrich Hobelmann

    10. Re:Here's what I don't get by Alsee · · Score: 1

      A similar question is "why inconvenience car buyers with locks

      No, that is not similar at all.

      For starters locks on cars are designed to secure them for their owners. DRM is designed to secure a file against it's owner.

      But the main point is that DRM decreases the number of copies sold and increases the number P2Ped. By refusing to sell anything but a DRM-crippled product they are driving away customers. People have nowhere to turn except to P2P if they want a non-crippled product. And once so much as a single copy of a song is on P2P it will spread to the exact same saturation level.

      Using DRM is purely counterproductive. It does absolutely nothing against P2P, and actually drives more people to resort to P2P.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    11. Re:Here's what I don't get by samael · · Score: 1

      Legally speaking, you don't own that file. You merely have a license to run it.

    12. Re:Here's what I don't get by Alsee · · Score: 1

      Wrong. Do not confuse the owner of a copyright with the owner of any particular copy. US law is quite explicit in that distinction.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    13. Re:Here's what I don't get by Homburg · · Score: 1

      "Legally speaking, you don't own that file. You merely have a license to run it."

      I don't own the bits of metal in my hard-drive because I happen to have copied some Britney tracks there? Unexpected.

      It's disappointing that even among broadly well-informed people like Slashdot readers, there are some who accept this RIAA propaganda, because it's entirely false. I _do_ own that file, and I can do what I want with it except as _specifically_ limited by copyright law.

    14. Re: Here's what I don't get by gidds · · Score: 1
      Then why do the labels sell *CDs*???

      Historical reasons.

      If the labels were launching a new medium now from scratch, then it would be DRMed. No question. Now that computers &c make it easy to copy and transfer unprotected audio data, any new medium they created would be protected somehow, whether directly via DRM, or indirectly by not providing any way to get at the data directly (e.g. MD, SACD).

      And if they thought they could wean people away from CD onto a protected format, they'd do it. They're already trying, in various ways, such as protected pretend-CDs, and the various online stores.

      But at the moment, they're stuck with CD for the foreseeable future. They can't force people to upgrade by any of their usual means, because CD already has good enough quality, convenience, and longevity, and it has such dominance that it would take something very special to even begin to displace it. The one major gap in its armour was the lack of recordability (which MD sort of filled for a while), but the advent of ubiquitous CD burners has filled that.

      I guess it's now up to us to make sure we hold on to CD and its freedoms...

      --

      Ceterum censeo subscriptionem esse delendam.

    15. Re: Here's what I don't get by gidds · · Score: 1
      OTTOMH:
      • No crackles, whistles, or other artefacts of bad ripping or encoding.
      • Properly named with the right artist and title.
      • Fully tagged, maybe with artwork too.
      • Not just the first 30 seconds repeated, or other fake files.
      • Not truncated.
      • Downloadable directly, in one attempt.
      • Easily browsable and searchable.
      Enough to be going on with?

      If the iTMS and other online stores offered nothing at all over P2P files, then they wouldn't do such good business. But it's these differences which make them so popular.

      --

      Ceterum censeo subscriptionem esse delendam.

    16. Re:Here's what I don't get by azzl · · Score: 0

      I'm sick of seeing this comparison. Copying digital information is not theft, because the original still exists. I'd care much less about someone driving around a copy of my car than if they stole my actual car. Copyright violation is not theft. It's not necessarily romantic civil disobedience as some would have you believe, but nor is it theft.

      Other than that, your point about the "speed bump" nature of DRM tech is well taken.

    17. Re:Here's what I don't get by Minna+Kirai · · Score: 1

      Using DRM is purely counterproductive. It does absolutely nothing against P2P, and actually drives more people to resort to P2P.

      Correction: DRM stops being counterproductive in the long run, because after all available PCs come with Trusted Computing and DRM, it will be impossible to run a P2p application. The only programs you can execute are those with a stamp of approval from a "Copyright noncircumvention" authority funded by the RIAA and other content providers.

    18. Re: Here's what I don't get by Anonymous Coward · · Score: 0

      You're missing something. If the MP3tunes file has no DRM, then perfect copies of it can be shared over P2P. Thus there will be no difference.

  10. OK but... by xCepheus · · Score: 2, Insightful

    Which recording labels are going to sign on with this service? What good is an online music store going to be if a large percentage of the major record labels decline to participate because of the lack of DRM?

    1. Re:OK but... by ebyrob · · Score: 1

      What good is an online music store going to be if a large percentage of the major record labels decline to participate because of the lack of DRM?

      It's going to be great for indie labels and experimenting to see if a new model really can work (with lower middleman costs...)

    2. Re:OK but... by Anonymous Coward · · Score: 0

      I work for a Major Label and we will happily give MP3s to digital music providers that wish to sell them.

      Seriously, I'm not fond of scare tactics, but misinformation is nothing to be proud of, either.

  11. This just in... by mg2 · · Score: 3, Insightful

    If DRM upsets you that much, you can get a wav/mp3 writer plugin for your audio player and roll your own DRMless copy. If this isn't possible with your media player, I'm sure there are special drivers and tools out there (you know, like Windows Sound Recorder).

    I swear, people are never satisfied. Apple is doing a great thing, but people will always find something to complain about.

    1. Re:This just in... by mboverload · · Score: 1, Insightful

      A great thing? DRMed 128kbps music. I fail to see anything great about that. You would have to pay me to listen to a song in 128kbps quality.

    2. Re:This just in... by enosys · · Score: 2, Informative

      That method sucks. It is slow and labour-intensive and you end up compressing the music for a 2nd time and making the quality worse.

    3. Re:This just in... by tepples · · Score: 2, Informative

      If DRM upsets you that much, you can get a wav/mp3 writer plugin for your audio player and roll your own DRMless copy. If this isn't possible with your media player

      And it isn't. The Secure Audio Path in Windows ME and Windows XP provides a way for a restrictions-managed WMA stream to play only on drivers signed by Microsoft WHQL, and Microsoft WHQL will sign a driver only if it doesn't mix the Secure Audio Path into cleartext digital outputs. For recordings that require Secure Audio Path, you'll need to run line-out to line-in, but with external USB 2.0 sound cards, there shouldn't be too much degradation compared to what lossy codecs do to your file. Thankfully, there aren't many recordings that require Secure Audio Path because there is still a significant install base of Windows 2000 machines, which do not support Secure Audio Path.

      I'm sure there are special drivers and tools out there (you know, like Windows Sound Recorder).

      Sndrec32 keeps only the first minute of what you record, as it was made before the era of affordable hard drives large enough to support a bedroom recording studio. Switch to Audacity to make extended recordings.

      Apple is doing a great thing, but people will always find something to complain about.

      Monopoly is dangerous even if the monopolist is not Microsoft.

    4. Re:This just in... by Mononoke · · Score: 1
      You would have to pay me to listen to a song in 128kbps quality.
      You are aware there is a difference between 128kbps MP3 and 128kbps AAC, right?
      --
      NetInfo connection failed for server 127.0.0.1/local
    5. Re:This just in... by nolife · · Score: 1

      Apple is doing a great thing, but people will always find something to complain about.

      Apple doing a great thing? Wake up. There are many online music stores with some form of DRM and not the same as Apple. I use Rhapsody. I pay $10 a month for unlimted 24x7 streaming of what ever song I desire from their collection (which is probably the same size as iTunes). The steaming allows FF, pause, completely stop a song and pick another one you want at will. It also has playlists for songs you listen to frequently. If you want to listen to a specific type of music and not have to manually select songs, you can pick from one of about 50 "radio stations" they have or pick your own artists and make your own station of common genre. My kids and I use it every single day for hours. If I want to "download" a song for offline use, I pay $0.79 a song and it burns directly to an audio CD with NO DRM. Of course for my portable use I have to rerip it. My kids were always installing and Kazaa, Bearshare, WinMX and others. Always complaining about not being able to get the music they want. Since Rhapsody, P2P is no longer desired as they have access to just about everything they want with much less hassle. Please take off the blinders and not assume iTunes is the most logical solution for everyone and the only one selling access to music online.

      Downside? The streaming only works with W32.

      --
      Bad boys rape our young girls but Violet gives willingly.
    6. Re:This just in... by Anonymous Coward · · Score: 0

      "[...] you end up compressing the music for a 2nd time and making the quality worse."

      Actually, this is one thing I don't understand. But I'm sure that someone here will explain it to me in words of two syllables or less so that I can understand.

      If I remember correctly--and here's where I may be wrong--CDs are uncompressed audio. So by burning my iTMS purchases to CD, I should get the same quality as I would get by just listening to the song.

      If I, then, rip the music back to the same compression format (in my case, AAC), I should not lose any quality. I can see that if I rip it to MP3, I will lose quality. But what if I ripped it to, say, a 320Kbps MP3--higher quality than the original 128Kbps AAC (I'm using 320 only to try to avoid an argument between whether AAC encoding is better than MP3)?

      I understand that it will take more space to hold the higher-quality MP3, so this solution is somewhat less than optimal. I'm just curious as to whether this would "work".

    7. Re:This just in... by Anonymous Coward · · Score: 0

      Fuck off you Apple fanboy pussy. You are the ultimate karma whoring bitch.

    8. Re:This just in... by kemapa · · Score: 3, Insightful

      Apple is doing a great thing

      Actually, Apple is doing a horrible thing, in my opinion. Follow along:

      You see, the record companies / tv stations / movie producers want full DRM to where they can control EXACTLY what you watch, how you watch it, where you watch it, how many times you watch it, etc.

      Many people, myself included, want to be able to do what we want with the movies and music we purchase. This is where Apple comes in.

      You feel that Apple is doing a wonderful thing by coming to a compromise with the music industry to give us mild DRM. It seems fair to everyone, right? For the moment......

      You see, the music industry has been battling piracy for years. They finally found an opportunity to win a small battle, courtesy of Apple. They now have DRM's foot in the door of many homes, with people like you defending it the whole way! What would stop the record companies from later on demanding more restrictive DRM? Apple would have to play along to keep them on board so that they could keep iTunes up and sell more iPods. You are probably saying to yourself that I need my tinfoil hat right about now, but think about how guns have been eliminated in many societies. They start out by 'regulating' who can buy them. Then they move on to 'regulating' who can carry them and when (this would be the equivalent to Apple's DRM). And finally they just outright ban them. Why do they take such baby steps? Think about what would happen if you banned guns outright in America. People would go nuts. But if you do it slowly, people get used to the idea slowly, and you can eventually make your final move. The Apple DRM situation is the same thing. The final move will be made some day. And people like you will have defended and praised Apple for doing such a wonderful thing the whole way through.

    9. Re:This just in... by mg2 · · Score: 1

      You see, the music industry has been battling piracy for years. They finally found an opportunity to win a small battle, courtesy of Apple. They now have DRM's foot in the door of many homes, with people like you defending it the whole way

      Wait. You're criticizing me for backing a methodology for stopping piracy? I don't care how restrictive the DRM is. I don't care what Apple does to keep up profits. Guns, my friend, are different than music. We are not, and do not intend on keeping music out of the hands of certain people (this would be counterproductive for everyone who backs DRM). In the end, hopefully this will just cut down on piracy.

      Apple set up a store where you can get music quickly and painlessly at a reasonable price. Personally, I buy my CDs from local stores, and iTunes isn't really my thing, but I think that by making the music accessible as they have (the way people want it, fast fast fast, now now now), they've done a good thing.

      Many people, myself included, want to be able to do what we want with the movies and music we purchase.

      Let's apply this to guns, as guns are such a handy element for analogies. I just picked up an assault rifle, and damn it, I want to be able to shoot you in the face if I damn well please.

      Rules generally exist for a reason. Agree with it or don't.

    10. Re:This just in... by falcon5768 · · Score: 1

      not likely, he was simply trolling for trolling sake and as usual the bleeding hearts modded him insightful when it was a troll.

      --

      "Slashdot, where telling the truth is overrated but lying is insightful."

    11. Re:This just in... by Anonymous Coward · · Score: 0

      No, it won't work like you think it will. Subsequent encodings just make things progressively worse. Try it sometime: encode, decode, repeat..

    12. Re:This just in... by geminidomino · · Score: 1

      Let's apply this to guns, as guns are such a handy element for analogies. I just picked up an assault rifle, and damn it, I want to be able to shoot you in the face if I damn well please.

      Handy? Sure. Remotely valid? Not on your life.
      Do we really need to point out the difference between "fair use" rights (which format-shifting is) and shooting someone in the face?

    13. Re:This just in... by Billy+Donahue · · Score: 1


      The compression is lossy.
      You can't reconstruct the original from
      the encoded form.

      --
      -- The Funk, The Whole Funk, And Nothing But The Funk
    14. Re:This just in... by Zhe+Mappel · · Score: 1
      Apple is doing a great thing, but people will always find something to complain about.

      Oh, iTMS is attractive, convenient and easy to use, I'll grant you that.

      But Apple is serving as a front end for a music industry that is quite broadly condemned for its unfair practices to artists. It's also peddling low-to-moderate quality recordings no audiophile can take seriously.

      Those are two reasons that rather debunk the "great thing" claim. Try to be a bit more realistic.

    15. Re:This just in... by Anonymous Coward · · Score: 0

      Yeah, 128kbps DRM music is gods gift to mankind. Can't possibly be any better.

    16. Re:This just in... by Anonymous Coward · · Score: 0
      They finally found an opportunity to win a small battle, courtesy of Apple. They now have DRM's foot in the door of many homes, with people like you defending it the whole way! What would stop the record companies from later on demanding more restrictive DRM? Apple would have to play along to keep them on board so that they could keep iTunes up and sell more iPods.

      Bullcrap.

      The more iPods Apple sells, the more iTMS songs are sold, the more Apple becomes the dominant distributor of digital music, the more the labels need Apple and the less Apple needs the labels. The balance of power is shifting my friend, and it is shifting Apple's way. If anything, Apple could at some point insist on less restrictive DRM.

      By your argument, the major suppliers of goods should have Wal-Mart over a barrel, because if they pull their products, Wal-Mart would have nothing to sell. We all know it doesn't work like that.

  12. Re:fp by 808paulson · · Score: 2, Insightful

    I am not worried about how much the company will charge for the songs. I am worried about how much the RIAA could sue me for

  13. No DRM... by vought · · Score: 4, Insightful

    Honestly, I can't see most people caring enough about DRM to leave one service that uses one application to encompass the buying, listening, streaming and loading experience.

    Sorry. I just don't see it. iTunes is doing better than ever, and may well have reached critical mass by this point. I've never hearde one person complain about the DRM - except here on Slashdot.

    1. Re:No DRM... by iamacat · · Score: 2, Insightful

      That's just because Apple's DRM can be "officially" bypassed in a way that works for everyone except audiophiles on slashdot. Just burn to CD-RW and rerip to MP3. Nobody would shop on iTMS if it didn't support unrestricted CD burning. Other people like Rhapsody tried before.

      But if there is a service that sells MP3 in the first place, people with non-iPod music players will weigh the inconvinience of re-ripping against any usability or selection problems of the new website or client application. MP3Tunes definitely has a chance, it's the WMA services that are doomed.

    2. Re:No DRM... by cfalcon · · Score: 1

      I've never heard one person complain about - except here, where there are smart people.

      When I explain, in non-inflammatory terms, DRM to my technoilliterate father, he gets it. He understands that someone else controlling his machine is bad. Much of technology is confusing to *most* people, but that in no way makes it right to beat them up with their ignorance.

      I don't know *anyone* who understands DRM and is ok with it, much less desires it on their machine.

    3. Re:No DRM... by Anonymous Coward · · Score: 0

      Your world view can't encompass more than 'either' and 'or'? All people are the same? Sorry, I see plenty of people who won't accept DRM. See: Zazaa, Bittorrent, IRC, etc., etc..

    4. Re:No DRM... by MikeBabcock · · Score: 1

      I do -- you've never met someone who lost the ability to listen to their entire music collection after reinstalling Windows have you?

      I have.

      PS, no, its not iTunes. But yes, this kind of thing happens -- and then you sell your player and get a new one.

      --
      - Michael T. Babcock (Yes, I blog)
    5. Re:No DRM... by ezthrust · · Score: 1
      Actually Cory Doctorow on BoingBoing is a regular critic of Apple's DRM. It's his job though, he also works for the EFF.

      I only point this out because your statement seems so b&w.

    6. Re:No DRM... by renderhead · · Score: 1

      If you don't backup your files, that's your funeral. If you're talking about losing your permission to play backed-up files, then it's not a problem with Apple. If you have to reinstall the OS, you can just re-certify your computer to play the files.

      Not to mention that it's smart to always burn your DRM-protected music to a CD for backup purposes. That way you can listen to it on a CD player any time, and you can re-rip the tracks in case of data loss.

      --
      I wish that my inferiority complex were as good as yours.

      -RenderHead

    7. Re:No DRM... by cabraverde · · Score: 2, Interesting

      I've never hearde one person complain about the DRM - except here on Slashdot

      I just spent a couple of hours trying to recover DRM keys for a friend of mine who didn't know enough about digital audio to uncheck the "protect my content" box in the 'rip' dialog of Windows Media Player.

      Over the previous year he'd built up about 20 Gb of ripped WMAs until one day Windows decides that it can't find the licence key for any of his tunes. This wasn't due to a hardware change or even a Windows Update (ironically it happened right after listening to an autoplay-DRM audio CD, but I can't pin the blame for sure)

      Anyway, his files are now 100% useless. Sure, he still has the CDs and can rip them again - but my god that's a lot of wasted effort for a couple of hundred CDs.

      Last week he didn't even know what DRM was. He does now, and I don't think he likes it much.

    8. Re:No DRM... by MikeBabcock · · Score: 1

      I was talking about Microsoft's keys that permit you to play the music you've downloaded, and Sony's DRM software. Neither of the above have details on how to backup their key information nor warnings about doing so.

      CDs say "don't expose to sunlight." That's all I expect from DRM sellers -- "don't ... "

      --
      - Michael T. Babcock (Yes, I blog)
    9. Re:No DRM... by vought · · Score: 1


      I just spent a couple of hours trying to recover DRM keys for a friend of mine who didn't know enough about digital audio to uncheck the "protect my content" box in the 'rip' dialog of Windows Media Player.

      Caveat emptor. At least iTunes allows you to back up your files and use them on another machine. Up to five times, in case you're a real screw-up type and don't have the ability to de-authorize a machine before it dies/you give it away/it is stolen.

  14. Cool... but success depends on the labels by Gob+Blesh+It · · Score: 4, Informative

    Robertson said he's not worried about the record labels and their requirements for rights-management technology. ... "I think the labels are interested in one thing: selling," he said. "If you build the audience they will come.

    I think he's probably right, but I wonder if the bigwigs at the record labels are willing (or even care) to listen to his argument. It's not as if Apple didn't try:

    When we first went to talk to these record companies -- you know, it was a while ago. It took us 18 months. And at first we said: None of this technology that you're talking about's gonna work. We have Ph.D.'s here, that know the stuff cold, and we don't believe it's possible to protect digital content. ...

    And the way we expressed it to them is: Pick one lock -- open every door. It only takes one person to pick a lock. Worst case: Somebody just takes the analog outputs of their CD player and rerecords it -- puts it on the Internet. You'll never stop that. So what you have to do is compete with it.

    At first, they kicked us out. But we kept going back again and again. The first record company to really understand this stuff was Warner. They have some smart people there, and they said: We agree with you. And next was Universal. Then we started making headway. And the reason we did, I think, is because we made predictions.

    I think the general consensus is that even though Jobs and his "Ph.D.s" knew DRM is always crackable, Apple still needed to implement some form of DRM in order to convince the record labels to open their catalogs. For the record companies in April of 2003, ever chary of the Internet, DRM was non-negotiable.

    My question is: what's changed since then that would cause them to reconsider? After all, iTunes has shown that a service offering DRM tracks can be wildly successful. So why would the record labels want to open their catalogs to a DRM-free solution from some dude who made his name pawning a Linux desktop?

    Anyway, this is definitely something to watch. I sincerely wish him luck. I just hope he can get the labels to open their catalogs.

    1. Re:Cool... but success depends on the labels by mboverload · · Score: 2, Interesting

      Because we are a different audience. Many people will go for iTunes music but the smart people refuse to use the DRM. This is a different market segmeent.

    2. Re:Cool... but success depends on the labels by timmyf2371 · · Score: 1

      I don't think that's necessarily true - I would consider myself a smart person, and I find iTunes perfectly convenient for my needs. I use a laptop computer and also an iPod, and iTMS tracks are also permitted to be burned to CD for use in the car.

      --

      Backup not found: (A)bort (R)etry (P)anic
    3. Re:Cool... but success depends on the labels by mboverload · · Score: 2, Informative

      However, I am audiophile and require high kbps music, which Apple for some reason doesn't do.

    4. Re:Cool... but success depends on the labels by Mononoke · · Score: 2, Interesting
      However, I am audiophile and require high kbps music, which Apple for some reason doesn't do.
      If you're really an "audiophile", then you don't get your music in digital form.

      What you probably are is someone who doesn't know the difference between data rates and sampling rates.

      --
      NetInfo connection failed for server 127.0.0.1/local
    5. Re:Cool... but success depends on the labels by fname · · Score: 1

      Whar's changed? Well, Apple is dominating the industry, and every other player out there (MS, Creative, RIAA) wants to knock Apple off their perch. No other DRM format will work with the iPod, so the only option is to sell DRM-free stuff that will work on the iPod. The RIAA might figure that if don't let Robertson sell MP3s that they might hoist their own petard.

      P.S. Love the goal, hate the name. It reeks of a BuyMusic or Lindows (who came up with that one?) type rip-off, which hurts its prospect. Why not MP3 Store or something clever instead of begging for a lawsuit. He should've learned his lesson after getting MP3.com sued out of 3/4 of their money after ripping all those CDs.

  15. Is it or isn't it? by laughingcoyote · · Score: 4, Insightful

    MP3tunes will use a service or tool called "MP3beamer", which Robertson said would reconcile the need to store music in a centralized file store with the ability to play back the music anywhere, on any device. He declined to comment further.

    (From TFA, for those who didn't R it)

    If this service stores music somewhere you must somehow log into, and does not -upload to you- a DRM-free MP3, this service is NOT free of DRM, just using a different version of it.

    --
    To fight the war on terror, stop being afraid.
    1. Re:Is it or isn't it? by Ahnteis · · Score: 1

      Did you ever use MP3.com back in its heyday? You could put in a CD to validate that you had it and then stream an mp3 to anywhere you were logged in.

      I seem to remember it even had a similar name.

    2. Re:Is it or isn't it? by snol · · Score: 1

      yeah, they got sued to hell for it too. I wonder if the record companies are going to be willing to deal with this guy given his history.

    3. Re:Is it or isn't it? by ezthrust · · Score: 1

      This sounds an awful like the original mp3.com plan where one could add a cd to ones "profile" and then listen to it anywhere. That got them in big poo last time. I wonder if it is as similar as it sounds.

  16. Already Available by Anonymous Coward · · Score: 5, Informative

    This is not a new concept. It's already alive and well over at emusic.com. The selection is not great, but you get 50 to 80 high-quality MP3's with NO DRM for a flat monthly fee.

    1. Re:Already Available by Anonymous Coward · · Score: 0

      Don't forget DiscLogic either. They even reinforce the lack of DRM in their faq and they offer lossless formats.

    2. Re:Already Available by Control-Z · · Score: 1

      50 to 80 sure does suck compared to their former unlimited downloads though. I could download 50 to 80 in one session.

      If Emusic can't get many popular bands, they need to come up with better terms than that.

  17. MP3Beamer? by mopslik · · Score: 3, Insightful

    MP3tunes will use a service or tool called "MP3beamer", which Robertson said would reconcile the need to store music in a centralized file store with the ability to play back the music anywhere, on any device.

    Any ideas what this might be? Google isn't very forthcoming, as I suspect there's little info available as yet. If it's a "required" (aka installed) program, will it:

    • run on a Linux box?
    • monitor your music habits?
    • really run on any device?

    Just curious.

    1. Re:MP3Beamer? by mboverload · · Score: 2, Insightful
      Oh crap. Forget about me buying anything from them. I'm not getting scammed into paying for this.

      DAMN, I JUST want a freaking MP3 file! Is that so hard? Back to getting 320kbps quality music for FREE in MP3 format I guess. What a clueless industry.

    2. Re:MP3Beamer? by timmyf2371 · · Score: 2, Informative
      It's not difficult at all.

      1. Go to local music store or online equivalent
      2. Purchase CD
      3. Convert CD tracks to 320kbps MP3s using your favourite encoder
      4. Listen to said MP3s

      What a clueless industry.

      I would actually say "what a clueless poster" for not realising that you can still get your MP3 file rather easily.

      --

      Backup not found: (A)bort (R)etry (P)anic
    3. Re:MP3Beamer? by mboverload · · Score: 2, Informative
      How about this:

      I don't want to drive to the music store. The whole point of an online marketplace is to give an EQUIVILENT product at a faster and easier speed.

      iTunes missed the clue train.

    4. Re:MP3Beamer? by MetaPhyzx · · Score: 0
      MP3tunes will use a service or tool called "MP3beamer", which Robertson said would reconcile the need to store music in a centralized file store with the ability to play back the music anywhere, on any device.

      Any ideas what this might be? Google isn't very forthcoming, as I suspect there's little info available as yet. If it's a "required" (aka installed) program, will it:

      * run on a Linux box?
      * monitor your music habits?
      * really run on any device?

      Just curious.


      What's interesting is the meaning of "reconcile". It doesn't imply that centralized control is going away. It's got to be an app. But I can't imagine what myself. maybe something java based, with an established account that does indeed keep track of your music habits.
      --
      Blacker than my baby girl's stare. Black like the veil that the muslimina wear. Black like the planet that they fear...
    5. Re:MP3Beamer? by Bullet-Dodger · · Score: 1
      iTunes missed the clue train.

      Ah, that must be why it's been such a failure.

    6. Re:MP3Beamer? by Anonymous Coward · · Score: 0

      Perhaps grandparent is talking about an online store that doesn't require travelling to a music store or waiting 7 days for delivery.

      But you knew that already, didn't you?

      Also, you failed to consider copy-protection initiatives that are designed to hamper the insightful scheme you came up with.

    7. Re:MP3Beamer? by Anonymous Coward · · Score: 0

      hey n00b, you forgot:

      5. Profit!

    8. Re:MP3Beamer? by Macadamizer · · Score: 1

      Do you sit there and stare into your refrigerator when you are out of beer too, and curse the supermarket industry for not providing a way to keep your fridge stocked without you having to leave your computer?

      --

      "That's not even wrong..." -- Wolfgang Pauli
    9. Re:MP3Beamer? by Anonymous Coward · · Score: 0


      Come on, everyone knows what an MP3 Beamer is. It's that compressed little car owned by BMW.

      What do they call it again, a Mini Cooper or something...?

    10. Re:MP3Beamer? by Anonymous Coward · · Score: 0

      http://www.tesco.com/superstore/p/help/welcome.htm

      can you say 'online shopping'?

      Sorry, i actually agree with you on this, however you chose an unfortunate example.

    11. Re:MP3Beamer? by Macadamizer · · Score: 1

      I know about online shoppng -- but since the parent was complaining about mail-order being too slow, I assumed that online shopping wouldn't provide the immediacy he was looking for either...

      --

      "That's not even wrong..." -- Wolfgang Pauli
  18. Cool! by Anonymous Coward · · Score: 1, Funny

    I would guess that there about 50,000 regular readers of slashdot. Out of those, probably about 1,000 post regulary, 5,000 semi-regulary. I figure anyone who doesn't post isn't motivated enough to get in the fray to even care about DRM. So, of those 6,000 roughly half care about DRM. Of those 3,000 maybe 1,000 won't use anything with DRM. So - boom - 1,000 customers right off the top. Of the remaining 2,000 who care about DRM, let's be generous, and give this new service half of them. Ok. So we can see that worldwide marketshare for this service is roughly 2000. But, according to recent Slashdot surveys, some 80% of slashdot readers are unemployed and thus have no money to buy music (which is why they steal it.) Anyway, this reduces the marketshare to about 400 individuals. So, unless the are charging $1000 per song, this endevour will go under in just a few months (unless the have venture, then I give it a year.)

  19. Great...but it wont work by mboverload · · Score: 0, Troll
    This is the kind of music store I have been waiting for. I tried to be the good guy, buying songs from Apple and all, but it did not work out. I realized how stupid I was being. I could fork over a buck for CRAPPY quality music (128kbps!) or I could get music at 320kbps for free. THe minimum quality I go for is 192kbps. Anything less and music sounds like crap. I have to wait a few minutes with WinMX, but hey, I just saved a buck.

    I also read that music bought from the Apple Music Store gives even LESS money to the artist. $16 cds only give $1 or less to the artist, and many times it is worse than that.

    So here is my situation. I have been reading about the RIAA and how it screws over artists, and hey, I don't want to support that! Instead of paying them my money, I get music for free until they go under. Then a better system can take over.

    http://www.downhillbattle.org/ is what really pushed me over. Check out their posters, I have them all over my walls. http://www.downhillbattle.org/flyers/?PHPSESSID=72 5ad2c3bab3c780a7721fc58a54177c

    1. Re:Great...but it wont work by MikeXpop · · Score: 3, Insightful

      So (one of) your problems with the iTunes Music Store is that it doesn't give very much money to the artists. Your solution to this is to get it illegally without paying them anything? That's your compassion? If you want to screw artists and labels over, then by all means screw them over. Just don't lie about it to yourself.

      Why not go out and support indie labels and the bands they have? Bands like The Shins, The Postal Service, Joe Strummer and the Mescaleros, Porcupine Tree, and Iron & Wine are all more than deserving of your dollar.

      P.S. Downhill Battle encourages piracy. They care nothing about the artists, and seemingly, neither do you.

      --
      Etiquette is etiquette. He kills his mother but he can't wear grey trousers.
    2. Re:Great...but it wont work by mboverload · · Score: 1

      Music is like coffee beans. You pay a crapload for it, but the grower is still getting screwed.

    3. Re:Great...but it wont work by mboverload · · Score: 1
      I never said I was against indie labels. I meant I was against anyone in the RIAA.

      I go to indie concerts. Not really for the music, but I still go =)

    4. Re:Great...but it wont work by Anonymous Coward · · Score: 0

      "I have been reading about Walmart and how it screws over manufacturers, and hey, I don't want to support that! Instead of paying them my money, I take my stuff for free until they go under. Then a better system can take over."

      Right...

      Why not just buy used CDs? Everyone already got their cut and then you're not doing anything illegal.

    5. Re:Great...but it wont work by wwahammy · · Score: 1

      That's ridiculous. Its almost impossible for any but the highest selling artists to make money on music sales. Artists are given an advance but out of that they have to pay for recording, printing of the CD, some promotion and various other things. On a $10 album on iTunes, the artist is lucky if they make $1 with most artists making less and that's after they pay back the advance. In the end the label gets about 50% profit for a distribution network. In the electronic economy this makes absolutely no sense when there is almost no cost involved in distribution compared to the physical world and promotion can be done by artists for significantly less than they have to pay the labels. If you illegally download music and feel bad about it there is at least one site that allows you to donate to directly to the artist. If you do that, at least the artist gets paid hopefully more than a pittance and none goes to the huge scam which is the record industry.

    6. Re:Great...but it wont work by mboverload · · Score: 1

      The music industry would beg to differ.

    7. Re:Great...but it wont work by Anonymous Coward · · Score: 0

      " That's ridiculous. Its almost impossible for any but the highest selling artists to make money on music sales."

      Bullfucking shit.

      Why don't artists make money? Because most of them are idiots that get signed, take all the money they have thrown at them and think its never going to end because 'they are the next hot thing'.

      I've seen it upclose with several friends. I quit band early on when I realized our guitarist and singer was going through the cash like nothing and instead of just being taken out of *HIS* cut, it was coming out of all the bands cut. I've got friends right now in the industry. I've got a good friend here in the midwest that is a small to medium artist who you may have seen opening for larger bands. Guess what? Even though he's never broken the top 20 (close though), he still has a pretty nice house.

      Is he getting rich? Hell no, he's making a living and looks at the industry as a job -- not a 24 hour party.

      I'm just f'n sick of the myth that the industry is ripping everyone off. Like any industry, if given the chance, they will take as much advantage of you as they can until you say no. I work in academia these days and I see profs that grind out grad student after grad student writing papers they barely have anything to do with, but the prof still claims first authorship. Each and every industry takes as much advantage as you let them. Grad students let folks use them in hopes that they will make a lot of money and get into the internship they want. The music industry takes advantage of folks by telling them they need to keep up the image by partying 24/7 and spending cash as it will never run out.

    8. Re:Great...but it wont work by pchan- · · Score: 1

      okay, i'm going to say this once so it's clear to everyone.

      fuck the artists. i don't care about them. making money is their problem, not mine.

      i care about *me*. i care about:
      1) OWNING music that i purchase. moving it anywhere, copying it without restriction, giving it to my friends if i feel like it. never having it expire, not having to pay a subscription service to keep accessing it.
      2) convenience and simplicity. when i feel like acquiring a song, i want to download it, now. i don't want to drive to the music store, i don't want to order from amazon and wait for a week.
      3) money. i love my money, and i don't want to give it to anyone. i don't want to buy a cd for one song.

      so, here are my options:
      a) buy a cd. satisfies 1.
      b) filesharing. satisfies 1, 2, 3. however, its fullfillment of 2 is becoming pretty weak.
      c) itunes and friends. satisfies 2 and 3 (more or less).
      d) a store that sells clear, high quality mp3s. satisfies 1 and 2. surely not as cheap as (b), but (c) seems to sufficiently meet the requirements of most people when it comes to cost. so i will say it's a weak 3.

      out of these, and considering the decreasing convenience of filesharing, option d starts to look pretty damn good.

      once again: fuck the artists. i just care myself.

    9. Re:Great...but it wont work by Anonymous Coward · · Score: 0

      Buy a CD from a band you actually like, satisfies 1 and 3.
      Buy from iTunes and burn or use Hymn, satisfies all 3.

    10. Re:Great...but it wont work by Anonymous Coward · · Score: 0

      I posted a bunch of these on the walls where I work: in the breakrooms, in the hallways, etc. Most of them disappeared within a day. I think it was goober employees who took them down, not management. But strangely, there's one in one particular hallway that's been there for at least 6 months now. I'm not sure why all the others disappeared but that one hasn't gone anywhere.

      Anyway, it was a good use of the company copiers. Certainly a lot more useful than all the stupid presentations and random webpages that most employees print out.

  20. Just wait... by Spy+der+Mann · · Score: 1

    until someone sues this guy for NOT implementing DRM on his download site.

    3... 2... 1...

    1. Re:Just wait... by daveschroeder · · Score: 1

      Why? He won't have any music that anyone actually wants: do you think he's just going to take major-label music and throw it up on his site with no DRM and no contractual agreements?

  21. The way it should be by t_allardyce · · Score: 1

    I think its time the mainstream manufactured music industry faced up to the music: they're selling a commodity! all their songs are practically interchangable - even manure is a more demanding and specialised market. They might as well dump the crap out like this and just charge for bandwidth and high-quality compression.

    --
    This comment does not represent the views or opinions of the user.
  22. robertson is a loser.... by Anonymous Coward · · Score: 0

    Everybody wants to take a shot at Apple - yeah right dream on dude. People pay for iTunes and iPods because of a name - it don't matter whether it's DRM'ed or not - it's Apple and iTunes and that's what people know.

    1. Re:robertson is a loser.... by Anonymous Coward · · Score: 0

      No, they buy iPods and iTunes because they are the best options right now. You make it sound like they took over the market because of a markleting campaign.

  23. Actually, in Soviet Russia, the music frees you! by MarkWPiper · · Score: 4, Informative
    AllOfMP3 uses DRM-free files for all of their content. Moreover, many files support online encoding, in nearly every useful format that exists, at your choice of bitrate.

    I wish more music services would follow this example.

    Of course, I also wish every music site out there used their pay by the megabyte approach, at ridiculously low rates. I actually end up spending much more on music, because I'm not afraid to waste a dollar getting a few new albums. It's proof that cheap, DRM-free online distribution can work.

  24. Supply and Demand by Lacrymator · · Score: 0

    It appears that supply and demand had worked. Someone has made an attempt to tap into the (more informed) market. The market which would rather not have a stranglehold DRM file. I for one prefer CD's, though my interest in music has been tainted by the greedy attitude of the RIAA.

  25. uhm. can you say allofmp3.com? by ender_wiggins · · Score: 1

    I dont know how to say it in russian, but for the price i dont care!

  26. Nothing New by Anonymous Coward · · Score: 2, Informative

    It's not as though emusic.com didn't already do this...

  27. emusic is already selling mp3s... by meme_police · · Score: 1

    ...at 25 cents a track. It's mostly older alternative stuff but I find enough worthwhile tracks a month to make it useful.

    --

    The meme police, They live inside of my head

  28. I dunno by MightyMartian · · Score: 1

    The question is what record companies and artists are going to allow their catalogues or any part thereof to be distributed through this service. If it's too stunted a catalogue then it's going to fail, but I just can't believe RIAA members are going to let non-DRM files be distributed.

    --
    The world's burning. Moped Jesus spotted on I50. Details at 11.
    1. Re:I dunno by mboverload · · Score: 1

      They are not. It is in MP3 format but all the files are in one large file. You buy a song and it adds them into that huge file.

  29. You already have that choice with music... by Anonymous Coward · · Score: 0

    "I'd love to have no DRM on all of my video, television, movies, music, and be able to use things I *bought* any way I see fit on any device at any time. No broadcast flag, no forced no-commercial-skip, no DRM."

    Can't help you much on the other stuff, but if you buy music on CD's, you can use it however, whereever, and whenever you'd like.

    If you buy them used or in record clubs (http://www.bmgmusic.com), its cheaper than DRM'd music, too.

    1. Re:You already have that choice with music... by Anonymous Coward · · Score: 0
      if you buy music on CD's, you can use it however, whereever, and whenever you'd like.

      your purchase doesn't buy you rights for public performance, broadcasting or uploads to Kazaa.

  30. Good! by daveschroeder · · Score: 2, Insightful

    And that is a perfectly acceptable position.

    And one that is at least logically consistent with your beliefs and ideals.

  31. Oooh, can I write the future? by loraksus · · Score: 1

    Former MP3.com chief and Lindows CEO Michael Robertson reentered the music world last week with MP3tunes, a service that promised music without DRM restrictions.
    While MP3tunes hoped to attract users who were fed up with restrictions on DRM crippled music, it also attracted dozens of lawyers.
    In an unprecedented move, 16 labels sued the company today in court, claiming that the company violated antitrust laws by allowing the distribution of "all music not controled by the label cartel"
    When asked to comment, James Hetfield of Metallica cried out, "The labels are the only ones who can fight the onslaught of rampant piracy!" before chanting "Artists must eat!" until he left in his 2005 Dodge Viper.

    --
    1q2w3e4r5t6y7u8i9o0pqawsedrftgthyjukilo;p'azsxdcfv gbhnjmk,l.;/
  32. Seen it, Done it by poptones · · Score: 5, Informative

    It's called magnatune and I've been shopping there for months.

    How long until Michael offers us "mp3 lockers" so he doesn't even have to pay his own artists for downloads anymore?

    1. Re:Seen it, Done it by markedman223 · · Score: 1

      one more service without DRM and interesting stuff if you're into electronic music is http://foryourears.com/

  33. Congratulations by Anonymous Coward · · Score: 3, Funny

    "I swear, people are never satisfied. Apple is doing a great thing, but people will always find something to complain about."

    Congrats. You've managed to state stupid apple fanboi reason #1 without a hint of irony or sarcasm.

    You're serious.

    Therefore, you win this week's Apple Fanboi of the Week award.

    This entitles you to pick the Powerbook of your choice, pay full price, and then you get to come on /. and tell us that a G4 is fast enough for you.

  34. Most excellent! by Anonymous Coward · · Score: 0

    I'm sure this will start out with indie music, but that's my preferred music anyway. If Robertson is as successful as he was with MP3.com, he'll get enough traffic to force the majors to pay attention.

    The secret to MP3.com was tapping into the thousands of indie artists. Even though many feel that you need to have the major label content to have a successful music site, MP3.com proved that not to be the case. There are just so many more indie artists (hundreds of thousands), that they can be a huge force to bring traffic to a site.

    I expect you'll see Robertson take the best of MP3.com and combine it with the iTunes ecomm model, and it could be a big winner!

    Hans

    1. Re:Most excellent! by ScrewMaster · · Score: 1

      Perhaps ... but let's hope that, this time around, he gets some better legal advice and stays out of court.

      --
      The higher the technology, the sharper that two-edged sword.
  35. Depends by CrackedButter · · Score: 1


    MP3tunes hopes to attract users who are fed up with restrictions on copying music from sites that use digital-rights-management techniques, such as iTunes.
    Is this the windows portion of iTunes users they are trying to attract? You just know mac users won't drink any other Kool aid? ;)
    Btw, I'm a mac user with a sense of humour.

  36. Re:Actually, in Soviet Russia, the music frees you by Anonymous Coward · · Score: 0

    It's not OK to steal US content in Russia, even if you pay someone for it.

    Russian copyright law loopholes make this site possible, but just because you pay to download music from them doesn't make your possession of the music legal.

  37. Didn't he try this once already? by mcc · · Score: 1

    MP3tunes will use a service or tool called "MP3beamer", which Robertson said would reconcile the need to store music in a centralized file store with the ability to play back the music anywhere, on any device. He declined to comment further.

    Is it just me, or does this sound almost exactly like the last thing he tried before he founded Lindows-- remember, my.mp3.com? And if I remember correctly, in the end that one shut down because the courts decided that never mind all that stuff we said in the early 20th century, you don't have first sale rights of all. I have to wonder if this new thingy will in some way meet the same fate.

    Well, at least he's a hero in my book for trying.

  38. Re:Actually, in Soviet Russia, the music frees you by Romeozulu · · Score: 0, Troll

    It's proof that cheap, DRM-free online distribution can work./i.

    Yeah, and screw all the artist out of their money. AllOfMP3 is a loop-hole that allows the russians that run the site to make money, and just about no one else.

  39. Not "funny" but "sad" by tepples · · Score: 1

    In an unprecedented move, 16 labels sued the company today in court, claiming that the company violated antitrust laws by allowing the distribution of "all music not controled by the label cartel"

    Unfortunately, the events of your satiric story are plausible. Instead of the record labels, it would be the music publishers, claiming that independent recordings are unauthorized covers of commercial songs. A music publisher even sued an artist over "subconscious copying" and won. In fact, with the finite number of possible melodies in the Western musical scale, we're bound to reach a point where nobody outside the music publishing cartel can compose and publish music at all. Then we get into this situation, which will make you think differently about Febreze Scentstories.

  40. Hrm... crafty little devil... by PornMaster · · Score: 1

    MP3tunes is a little less "confusingly similar" than it would be if he called it iTones...

  41. Re:Actually, in Soviet Russia, the music frees you by Devi0s · · Score: 0, Flamebait

    Run a comments search of /. on AllofMp3:
    http://slashdot.org/search.pl?tid=&quer y=allofmp3& author=&sort=1&op=comments

    --
    - Have you ever noticed that the more you learn about technology, the more stupid you sound trying to explain it?
  42. Apple has DRM? by Titusdot+Groan · · Score: 1
    Well, I know Apple does have DRM but you wouldn't know it.

    Currently my wife (iPod + 20" iMac) and my daughter (Windows + Yep) are both buying music from iTunes and swapping music lists with each other.

    They had one little blip the first time and they figured out how to register it to the other computer in about 20 seconds -- I didn't even get involved!

    1. Re:Apple has DRM? by Anonymous Coward · · Score: 0
      my wife (iPod + 20" iMac)
      my daughter (Windows + Yep)

      That just about says it all for the female company of the /. congregation ...

    2. Re:Apple has DRM? by shark72 · · Score: 1

      " Well, I know Apple does have DRM but you wouldn't know it."

      Well put. My personal experience is that Apple's DRM has not once hindered my fair use of the music I've purchased -- and it's even let me do a few things that aren't fair use. I've burned more CDs than I can remember, moved the tracks between PCs and between iPods, and made backups. When I wanted some music on my Zen Touch I simply burned and re-ripped, but this extra step has nothing to do with the DRM layer, but limited AAC compatibility. Compare this with the nightmare that was some of the DRM systems before Apple stepped in. FairPlay is DRM done correctly.

      --
      Sitting in my day care, the art is decopainted.
    3. Re:Apple has DRM? by SydShamino · · Score: 1

      It's a hassle for us because my wife uses iTunes + iPod, but I have a MP3 player (that plays in a cassette deck! it's small but good for my needs).

      Anyway, it's not like it's hard to get around, but it's enough to call a "hassle". Burn a rewritable CD with the songs, then rip them back. I can't hear the quality loss when played in a cassette deck in a convertible anyway.

      --
      It doesn't hurt to be nice.
    4. Re:Apple has DRM? by HeghmoH · · Score: 1

      That's not really Apple's DRM at work, that's just the fact that they use AAC while your MP3 player expects MP3. Their DRM does complicate the conversion process more than necessary, though.

      --
      Mod down posts with a "Free Mac Mini/iPod" sig, they're spam!
  43. The obvious problem by EvilStein · · Score: 0, Flamebait

    What if we think those bands you mentioned suck? :P

    Sometimes these "indy artists" are down there for a reason - they just lack any sort of mass appeal and don't do well outside of a niche market.

  44. It won't work by Aqua+OS+X · · Score: 1

    Considering that most major labels are owned by one of four media companies, all which LOVE drm... I doubt MP3Tunes will take off.

    Sure, they might get a real musician or band every once and a while... but I can't see this model becoming successful.

    --
    "Things are more moderner than before- bigger, and yet smaller- it's computers-- San Dimas High School football RULES!"
    1. Re:It won't work by ScrewMaster · · Score: 1

      True ... but then again, even the major labels only get a real musician or band once in a while, and they've been pretty successful in spite of that. Let's face it, the bread-and-butter of the music industry is mediocrity. It doesn't have to be that way, and in fact it didn't used to be. A lot has changed in the past twenty-odd years.

      Keep in mind one fact: the old-line music industry has been successful by not only controlling music distribution, but controlling the quantity of new music that is made available. They don't release every new track that comes along, oh no. They maintain a degree of artificial scarcity (like the De Beers diamond cartel) in order to increase the perceived value of what they do release. And that made sense, to an extent, in the days of physical distribution of media to their customers. How many titles can a typical brick-and-mortar record store carry? A few thousand?

      But now we have completely electronic distribution. Thousands upon thousands of musicians can now get in on the act, make money they never would have had before, and all without signing an onerous, vampirical contract with a record label. If they could even get a contract, that is: if your music isn't a good fit with what the labels think the rest of us want to hear then you're out in the cold. But now, customers can browse online song catalogs numbering in the millions with ease. In fact, in the connected world, the more music your service makes available for download the more appealing it is to potential customers. Download sites with only a few songs in their catalogs will see few sales.

      The original MP3.com did pretty well until Robertson made his famous legal blunder and got himself sued into oblivion: if he hadn't screwed it up there's a good chance that iTunes would have a been a footnote and the labels would be begging him to distribute their tracks. Okay, okay, so that's wishful thinking but he did show that there's a lot of musical talent out there that would never gain access to conventional distribution channels, but would still like the exposure (and the money) offered by Internet sales. I can't say that Robertson is the one to make it work, but the record labels are what they are simply by virtue of having been around for a long time. They aren't invulnerable, or even particularly adaptable as monopolistic organizations go, and they won't last forever.

      --
      The higher the technology, the sharper that two-edged sword.
  45. Re:Actually, in Soviet Russia, the music frees you by Devi0s · · Score: 1

    Specifically: http://slashdot.org/comments.pl?sid=126473&cid=105 91752

    --
    - Have you ever noticed that the more you learn about technology, the more stupid you sound trying to explain it?
  46. Incoming! by mo · · Score: 4, Insightful

    Here I am reading an article about my former CEO when I stumble upon this line:

    At the show, two of Robertson's engineers at MP3.com will introduce SwitchVox, which will
    combine PBX features with VOIP...


    Oh crap that's me! Yeah, we have a fancy-pants gui front-end to asterisk. At the risk of further slashdotting ourselves, here's the site: http://www.switchvox.com.

    Now to go find some bandwidth.

    1. Re:Incoming! by DotDavid · · Score: 1

      A little off topic, but hey, who listens to music anyways?

      I'll look for your fancy-pants gui at the show (Linux Desktop Summit).

      --
      You can't re-use code, if you can't find it.
    2. Re:Incoming! by Nathan · · Score: 1

      I haven't seen this username on /. in a while. Guess it takes an MP3.com article to bring us geeks together. Good luck on your new company, it looks like a pretty neat thing. VoIP is the future (now) of long distance communication, glad to see you're on the forefront.

      -N

      P.S. My Slashdot UID is lower than yours. ;)

      --
      "E Pluribus Unix"
  47. mnb Re:OGG/Vorbis support by Anonymous Coward · · Score: 0

    192kbps MP3 encoded with LAME is a waste of bits.

    If you're not encoding witn "--alt-preset standard" you're missing out.

    LAME 3.90.3 that is. They really lost their way and stopped paying attention to the quality of their encoder's results after then.

    AND THAT'S assuming you are using a proper tool to rip your CDs. GIGO. EAC is a proper tool.

  48. I'll tell you what's changed by Anonymous Coward · · Score: 0

    "what's changed since then that would cause them to reconsider?"

    Let me speculate.

    1) As much as we think the RIAA member are "stupid" and "don't get it", they're not that dumb. They understand that the minimal DRM in iTMS is token at best. [which is why I laugh at fanatics who say "....ooooh, HYMN is bad because if the record companies find out, they'll shut down iTMS!...."]

    2) If I was a record company, I wouldn't be too worried about 128kb MP3's. The quality is only marginally better than FM in practice, and so they know they can sell it to us again and again. [which is why they don't want us to own lossless or 320kb MP3's]

    So that's my guess.

  49. Re:Actually, in Soviet Russia, the music frees you by twigles · · Score: 4, Insightful

    Ya know what? Everyone loves to bash allofmp3.com bc it's Russian and shady. Well ... so what. You want shady? The US firms are a legal mafia outfit. Think about it. They control all avenues worth controlling (radio, advertising, production, etc.) and if you start to encroach on them they make you an offer you can't refuse. Either they buy you out, sue you into oblivion, or both (think mp3.com).

    Aside from that I read on their site that some money actually does go to the artist. Not much, and I have no way of verifying that, but take a wild guess how much of that is *my* problem. There are middlemen taking a cut here and in Russia, the difference is here they take a bigger cut and the listener gets screwed worse, whereas the Russians take a smaller cut and the artist gets screwed worse. Take another wild guess why ppl love the Russian site so much.

    So yeah, if I ever meet the guys from Social Distortion (which is very possible since I cruise bars in LA a lot) I'll buy them a beer or 5. But don't you dare expect me to cry for them Argentina. I sitting here with a crappy new haircut in "business casual" looking at an hour+ commute home to an apartment. Let them bear the brunt of the industry's greed.

  50. Necessary 'Evil'? by Regnard · · Score: 1

    In my opinion, DRM should create more value to the paying customers. If it soley exists to assure labels of earnings, it won't stop people from going the path of least resistance.

    --
    Need a color? Try 100 random colors
  51. That proves a point by Anonymous Coward · · Score: 0

    "I would consider myself a smart person, and I find iTunes perfectly convenient for my needs"

    Dumb people are always the last to understand how dumb they are.

    Sorry dude.

  52. Solution by MistabewM · · Score: 1

    I will be pirating my music, I love in canada.

    But to help my morality, I will be sending $1 to every musician for each song that I have of theirs.

    Screw riaa and the industry.. =)

    Now if I could only get a mailing address for my favorite bands.

    --
    "A learning experience is one of those things that says, 'You know that thing you just did? Don't do that.'" - DNA
  53. In the beginning there was no DRM, and it was good by Sleetan · · Score: 3, Insightful

    I agree with pretty much everything you've just said.

    The only credit I give to this project is the credit that Michael Robertson can cause a big enough stir to give it a chance of being noticed.

    You're right about the labels demanding DRM. I think the only true way to escape it is to get the artists to migrate away from the labels.

    They can obviously have more freedom without them. The only obstacles are exposure and money. Those are pretty much intertwined. Get those up to par and it will work.

    It's gotta start somewhere.

  54. Duh by Anonymous Coward · · Score: 1, Insightful

    How can it be a flat fee if you get 50 MP3's?

    No, son. At one time, emusic gave you unlimited MP3's for $15/month.

    Then they were bought out and now they charge big money for songs nobody has heard of.

    That was okay before; hell, you could try something and if you liked it, you ended up buying more from that artists.

    But when you pay per song, that song better be a freaking #1 hit or it ain't worth anything.

    1. Re:Duh by mrdaveb · · Score: 1

      You're right, Emusic is nowhere near as great as when the downloads were unlimited. But I'm sure that wasn't really sustainable for them: The royalties from my $9.99/month must have been split between so many artists as to be insultingly small!

      There are other problems too - like a 60min album with 40 tracks costing 10 times as much as a 60min album with 4 tracks. But even so, I'd hardly say they are charging "big money". It's cheaper and more convenient than buying the CDs

      --
      Homme petit d'homme petit, s'attend, n'avale
    2. Re:Duh by Anonymous Coward · · Score: 0

      Speaking of emusic, does anyone know if the royalties percentage paid to artists there are higher/lower/the same as other commercial music download sites?

  55. Mac users are part of the problem alright by Anonymous Coward · · Score: 0

    You may have a sense of humour, but there is nothing humourous about you Mac users drinking that Kool Aid. All that does is promoting and endorsing DRM systems, and all for your own petty selfish reasons. Even worse are those that actively promote this as a good thing.

    Yes, I know some of you think this is as good as it will get, and lots other think Apple can do no wrong. But in reality, it could be much better, but it won't unless we all, including you people, stop being so damn shortsighted. History has proven this in numerous cases. It has also shown that a few selfish lazy people can ruin it for everyone including themselves.

    The world can be changed, but it must be done together. Stop being so selfish. Help make a better world instead. And this is not only about DRM music, its about the whole enchilada.

    1. Re:Mac users are part of the problem alright by CrackedButter · · Score: 1

      So... let me get this straight. If I pay for music, I am being selfish, is that right?

  56. That bad ole Clear Channel by kitzilla · · Score: 5, Insightful
    Spare me the arguments about how "it's not really what people want" because it's force-fed by Clear Channel ...

    For what's it's worth, most of us Clear Channel programmers would love to have deep, eclectic playlists loaded with interesting songs and artists.

    The problem is that not enough people would listen to our stations for us to keep the lights on.

    We're not force-feeding anything. Our short playlists are dictated by the market, and we spend million each year researching the musical tastes of our various target audiences.

    While people bitch and wail about short playlists, the fact is that when we exercise poor music discipline, our ratings generally decline. Since commercial broadcasting is still predicated on a free radio, advertiser-subsidized model, low rated stations go away pretty quickly. We're a publicly held company, and have to return value to the stockholders (this could mean you).

    We know tight playlists aren't for everyone, but they're for *most* people. Amazing as it may seem, radio listeners actually like hearing their favorites on a regular basis. Adults, in particular, punch out more often than not when something new comes on -- no matter how good it is.

    Real music enthusiasts with well-developed tastes have a lot of options open to them these days, if they don't mind paying for them. Hell, I own an iPod, too. But free radio is still out there, playing the hits, ready whenever you need a pop fix or breaking news.

    Okay, flame away. But that's the deal.

    --
    This is my post. There are many others like it. If you don't like what you read here, go try one of the others.
    1. Re:That bad ole Clear Channel by Majik · · Score: 2, Insightful

      nope, you nailed it :) Full Agreement...
      It's just when your parent company tries to suppress alternative markets that I get all uppity...

      Viva XM Radio!

      --
      Nick Lange nick.lange@SPAMTASTIC.hushmail.com
    2. Re:That bad ole Clear Channel by nuonguy · · Score: 1


      For what's it's worth, most of us Clear Channel programmers would love to have deep, eclectic playlists loaded with interesting songs and artists.

      The problem is that not enough people would listen to our stations for us to keep the lights on.


      I call bullshit.

      I have a lot more money and a lot more liking for music than those stupid punk teenagers that you pander to. You have spent no time or energy to find out what I like. Your industry has created these vacuous 'artists' for only a tiny fraction of the listening audience, that audience that will buy the cheap shit you put together. I don't believe that of all the people putting together music, you play the most 'pop'ular stuff. There is a lot of good music out there, easy to find and would have mainstream appeal IF YOU WOULD PLAY IT!!

      I do not want to listen to the manufactured boy bands. Don't take that to mean that you have to play 'World Music' to get me.

      That's music. The DJs are another issue. I would like to listen to a smart/vulgar/irreverant/funny DJ during my commute, but the ones you put on are so damn STOOPID!!! Howard Stern? The Mikey Show? How insipid can you get? Is the the best that's out there? If it is, put me on!

      And don't get me started on those painfully smarmy supermarket ads, or for that matter, all insultingly stupid ads in general. You still can't see why, the older people get (read: people with jobs and MONEY!) the more insulted they are by things like Clear Channel, and the less they pay attention to it?

      Go XM! Go Sirius! (Even if they picked up Howard Stern, at least there are more choices!)

    3. Re:That bad ole Clear Channel by dubious9 · · Score: 1

      I have a lot more money and a lot more liking for music than those stupid punk teenagers that you pander to.

      No, you as a segment audiance do not. Do you think you are smarter than everybody that works there? Do you think that if they pander to your tastes that'll automatically make them more money? Do you think they don't know what will maximize their profits? And you do?

      You still can't see why, the older people get (read: people with jobs and MONEY!)

      Err, teens today have a vast amount of discresionary income. By and large they spend it on music and clothing. Perhaps individually they don't spend like a grown music-phile, but in aggregate they do. So you matter less. It's not nice, but that's how it falls.

      I do not want to listen to the manufactured boy bands.

      So don't. You already are not the person the music industry is targeting. Support indie-music. Do *anything* else. But don't whine that you have money and they don't listen to you.

      --
      Why, o why must the sky fall when I've learned to fly?
    4. Re:That bad ole Clear Channel by kitzilla · · Score: 1
      I have a lot more money and a lot more liking for music than those stupid punk teenagers that you pander to.

      My station panders to 35-49 year-old females, but thanks for playing.

      If you're willing to pay for XM or Sirius, go for it. They're great, for what they are. Sirius has a particularly strong Talk line-up. XM has excellent sports. Both have plenty of music choices.

      And XM is owned, in part, by Clear Channel. The devil is right there in your dashboard.

      --
      This is my post. There are many others like it. If you don't like what you read here, go try one of the others.
    5. Re:That bad ole Clear Channel by Nice2Cats · · Score: 1
      While people bitch and wail about short playlists, the fact is that when we exercise poor music discipline, our ratings generally decline.

      Your problem is that by clinging to ratings, you are forcing yourself to try to serve as many people as possible, and that does mean the smallest common denominator, which people grow weary of very quickly. What you are going to have to do, if you want to survive in the long run, is specialize and accept that will mean there won't be as many people listening at one time. Yeah, I know that you are part of a company that only wants the highest profits and doesn't care abot the long run. Guess why you're in trouble.

      At the moment, I can take radio if it is only for a few hours, but listening to the same station for even two days in a row is murder, because I don't want to hear the same song six times in two days. So what do I use instead of radio? Right. You by Airport Express and stream your iTunes over your stereo system.

      Radio is just to monotonous to listen to for any length of time. On the short run, this might be fine. On the long run, it is going to kill you. And you can't tell me that makes business sense.

    6. Re:That bad ole Clear Channel by Anonymous Coward · · Score: 0

      Our local college station manages to have deep eclectic playlists AND they manage to keep the lights on. Of course, they aren't as "successful" as clearchannel.

    7. Re:That bad ole Clear Channel by kitzilla · · Score: 1
      Your problem is that by clinging to ratings, you are forcing yourself to try to serve as many people as possible, and that does mean the smallest common denominator, which people grow weary of very quickly.

      Yes, people cycle in and out all the time. In morning drive, we assume we are turning our audience every 20 minutes. That's the way it has always been, not something new.

      The average TSL (Time Spent Listening) for a radio user is about 3.5 hours per day on weekdays. This is scattered throughout the day, and we are programming to this reality. This is one of the reasons we have short playlists: we have a very small window of opportunity when a radio listener walks into our store, and we want the best stuff right at the front and on the aisles.

      Being ratings-driven is just the way things are. To provide free radio programming, we must sell ads. We must maximize the number of weekly radio listeners to compete in a hugely crowded and transient marketplace.

      The only way we could abandon radio's current business model is to provide subscription services. But we can't do that -- our licenses provide only that we broadcast. In any case, I think most people feel overwhelmed by their existing subscription services: basic cable, XM or Sirius, HBO, telephones, cellphones, broadband, software services, etc. etc. etc.

      There's no doubt that new technologies will challenge broadcast radio. But we're free, easy to use, familiar, and available damn near everywhere.

      --
      This is my post. There are many others like it. If you don't like what you read here, go try one of the others.
    8. Re:That bad ole Clear Channel by zeet · · Score: 1

      I don't get it. We have a local Adult Contemporary station that I, as a 25yo male, actually find quite good. Why? Because they play deep tracks. New music. Concert recordings. Live performances in studio. Sure, they're probably making a little less than if they just stuck to the straight format - or they might be making more, simply because they're the only station in the market that's doing anything close to that! In fact, they release a CD of their in-studio live performances every year, and it's consistantly a good regional seller. It often sells out their production run in a few weeks. And where am I most likely to hear a new song that will be hitting the 'alternative' stations, or maybe the 'new rock' stations, in a few weeks? Yep. You guessed it. But they play so many things that will never make it to those other stations.

      Actually, when I'm away from my car, all I listen to is my music, on my Rio Karma. But when I'm driving, if I can get their station, they're on my radio. If I can't, it's NPR. Why? Because everything else on the radio is over-targeted. There really are only so many times one can hear Hotel California.

  57. Saying so doesn't make it so. by NoData · · Score: 1

    That, and not a, you know, moron.

    No, just a cynic.

    And just because you add copyright infringement at the end of a list of other types of thievery does not by fiat make it a form of thievery. That's just rhetorical parallelism. And calling an argument "shit" to short circuit its use also does not, in fact, actually render it shit.

    Copyright infringement is exactly what it says: Infringing on somebody's exclusive right to distribute something, namely by distributing it for them. Even under the most conservative reading the only thing you're "robbing" them of is control, and, theoretically, the value of their product. And the latter is a dicey claim at best.

    More intelligent debate is to be had on whether producers of information ought to have this exclusive distribution "right" or not--and NOT whether infringing on it is stealing. Because, quite simply, it's not.

    1. Re:Saying so doesn't make it so. by daveschroeder · · Score: 4, Insightful

      steal:

      1 a : to take or appropriate without right or leave and with intent to keep or make use of wrongfully b : to take away by force or unjust means c : to take surreptitiously or without permission d : to appropriate to oneself or beyond one's proper share

      Copyright infringement is copyright infringement. More broadly, and correctly, in my personal opinion, it is also stealing. Just like embezzlement is embezzlement. But in a more generic sense, it's also "stealing". I'm not talking statutes here. I'm talking ethics and morals. And by my understanding of the English language and the meanings of words, copyright infringement is a form of "stealing".

      It amazes me how people always want pre-existing laws and legal principles to apply to the internet, or technology, or information if it is in their own favor or somehow benefits them, and then go out of their way to make crazy rationalizations about how downloading things that don't belong to you and that you didn't pay for isn't "stealing", it's "copyright infringement" simply because it's been duplicated, with complete ignorance of the ease that one work can be distributed globally in literally hours with virtually no work by any interim party, and no considerations for the owner's rights, not to mention what a horribly pathetic and downright destructive ethic that is encouraged by taking things without permission simply because YOU think they're too expensive or YOU don't agree with how business X has done Y or Z; and since copyright = bad or favors the corrupt and powerful, you personally find it invalid, and therefore, it's "okay" to infringe against copyrights owned by big, evil, blood-sucking, money-grubbing corporations.

      Do I have that about right?

    2. Re:Saying so doesn't make it so. by NoData · · Score: 4, Insightful

      Do I have that about right?

      Not in my estimation, no. Let me dispense with something immediately: I don't think copying is OK because *I* think something is too expensive, or *I* am morally offended by corporate practices, or any other rationale that justifies copying as a form of civil disobedience or protest. These reasons only underscore my thinking, but are not the basis for it.

      crazy rationalizations about how downloading things that don't belong to you and that you didn't pay for isn't "stealing"

      These things don't belong to me, true, but they do belong (in my book of ethics) to the person providing them (the file sharer). And the file sharer is providing them freely, and, I would argue, ought to be able to. I am receiving what they are offering.

      I am not sneaking into their computer, or making an image surrepitiously--I am making an image of an image they are freely providing. And they, in turn, HAVE paid a consideration to the original creators by buying the thing from a retailer. Or if not them, then the person who freely provided THEM with the image may have, or the one before them, or whoever. The point is that the work was not swiped from the artist (in this example), but purchased, or bartered, or obtained by whatever agreement the two parties entered into. If the store says to have this CD you need to fork over $15, then fine, those are the terms, and to take it otherwise IS stealing. But notice that, likewise, at every point down the file sharing chain, the file sharer and file seeker are similarly freely entering into an agreement of transaction regarding something the sharer now controls.

      I have no moral qualms with this arrangement whatsover. I know it's illegal, but not, in my book, immoral.

      The key here is control. The artist surrenders control to the publisher. The publisher surrenders control, partially, to the consumer. The part they do not surrender is, at least according to the law, the right to distribute. But ought they be able to withhold that right? What does the consumer's consideration actually buy them? A license? (..and all attendant complications with that?) And why does the publisher's right of control trump the consumer's rights of control? And what happens when the publishers, in their efforts to retain control inadvertantly, impact other consumer rights, weakly called "fair use," but more broadly, what ought to be my right as a consumer to manipulate, transform, transfer or otherwise with something I bought?

      None of this even touches the problems a sibling poster notes about the artificial creation of scarcity copyright protection produces, given that, yes, reproduction of information has vanishing marginal cost, and, shitty as it may be to you, there is not material deprivation of the producer (sorry, but it's true).

      This is simply about control. Control of the product by the seller or buyer after a sale.

    3. Re:Saying so doesn't make it so. by daveschroeder · · Score: 2, Insightful

      I have no moral qualms with this arrangement whatsover. I know it's illegal, but not, in my book, immoral.

      I can't really get past this...so you're saying that because it has been obtained once somewhere along the line legally, that any "sharing" from then on is absolutely justified, no matter how many times removed, and no matter how widely it is "shared"? How can you make that logical jump? That if any sharing is ok, it ALL is ok? That if "fair use" allows for sharing a couple copies of something with family and friends, suddenly the entire world is your family and friends, and "copies" could equal two or two million? Sorry, I don't buy it. And furthermore, this is precisely why the legal system is so fucked up and law so complex: because people can't fucking apply common sense to something, and will take a mile if given an inch. That's NOT was fair use means, and it's no wonder content owners are all but trying to do away with fair use for good.

      This is simply about control. Control of the product by the seller or buyer after a sale.

      Here's something we agree on. Yes, this is what it's about.

      But wait a minute. That's what DRM is about. We're not talking about DRM. We're talking about people downloading music that doesn't belong to them. Nothing about DRM.

      We're only here because people found out they could get something for nothing - and a lot of somethings at that - very easily, with no repercussions and none of the guilt or danger of actually stealing a physical object from someone. And with all the delicious rationalizations (the owner still "has" it, therefore it's ok) to boot.

      Now let's completely forget about DRM. Because DRM and you downloading music are two utterly and completely different issues. In fact, since this part of the argument has nothing to do with DRM, lets imagine that there is no such thing and all music is DRM-free. Now, you're telling me that unlimited global sharing without payment of any and all music is perfectly moral and ethical? If so, then we are simply in fundamental philosophical disagreement.

    4. Re:Saying so doesn't make it so. by _Sprocket_ · · Score: 1
      The definition of "steal" also includes:

      2 : to come or go secretly, unobtrusively, gradually, or unexpectedly
      3 : to steal or attempt to steal a base

      When you talk of "stealing", you're really talking about theft. And "theft" is defined as:

      1 a : the act of stealing; specifically : the felonious taking and removing of personal property with intent to deprive the rightful owner of it b : an unlawful taking (as by embezzlement or burglary) of property
      2 obsolete : something stolen
      3 : a stolen base in baseball

      Since we're not talking about baseball, it seems that "shit" argument about deprivation is actually relevant. Keep in mind that your earlier quote about forms of theft all involve deprivation of funds or property.
    5. Re:Saying so doesn't make it so. by daveschroeder · · Score: 1

      There is deprivation here. It is the deprivation of a potential sale. It's not concrete; it's more abstract, I'll grant you that. But, simply, you can't reasonably assume that NO downloaded copy wouldn't have otherwise been purchased, and additionally, please see:

      http://slashdot.org/comments.pl?sid=138159&cid=115 57917

    6. Re:Saying so doesn't make it so. by westlake · · Score: 1
      Because, quite simply, it's not.

      Congress disagrees. The NET Act (No Electronic Theft) has been law since 1997. To a thief, theft is a taking for which he may do hard time. That is exactly how copyright infringement is defined under Titles 17 and 18 of the U.S. Code.

    7. Re:Saying so doesn't make it so. by geminidomino · · Score: 1

      Congress also thinks that using the word "Lobby" instead of "Bribe" makes it somehow more ethical.

      Pardon me if I don't look to them for my moral guidance.

    8. Re:Saying so doesn't make it so. by fr2asbury · · Score: 1
      Even under the most conservative reading the only thing you're "robbing" them of is control,

      The only thing? Control is everything my friend.

    9. Re:Saying so doesn't make it so. by porcupine8 · · Score: 2, Insightful
      More intelligent debate is to be had ... NOT whether infringing on it is stealing.

      So why are you bothering to debate that point then? I swear, I'm going to barf if I see one more post that has no other point than to clear it up, once and for all, to God and everybody, that copyright infringement is not stealing. Seriously, you've got me nauseous here.

      I don't give a fuck if it's technically stealing or not. People can debate all night on the semantics - and boy, around here they sure seem to! Whatever it is, it's not very nice, and it's not very legal. Similar to stealing, or running a red light. There, maybe copryight infringement is running a red light. I'd like to see you argue against that! It would at least give us all a break from the arguments against copyright infringement = stealing.

      --
      Warning: Apple/Nintendo fangirl. Likes her electronics cute & cuddly. May be rabid.
    10. Re:Saying so doesn't make it so. by Anonymous Coward · · Score: 0

      There is deprivation here. It is the deprivation of a potential sale. It's not concrete; it's more abstract, I'll grant you that. But, simply, you can't reasonably assume that NO downloaded copy wouldn't have otherwise been purchased

      Similarily, however, you cannot assume that NO downloader will decide he likes the music enough to purchase a copy. Some people do exactly that. So I think you're making a big stretch to call it deprivation. You sound a lot like the BSA quoting how much money is lost to piracy every year.

      To tread up the slippery slope aways, how would you feel about the guy who throws a large house party and plays CDs he owns for everyone to hear? He's probably breaking the letter of the law. Is he immoral too?

      I shouldn't bother to respond, since you seem to be trolling based on the sheer number of times I've seen you post on this thread. What can I say - I'm a sucker.

    11. Re:Saying so doesn't make it so. by Anonymous Coward · · Score: 1, Insightful

      Do you believe that someone who buys a DVD and watches it on Linux or who gets a multiregion DVD player is stealing too? Both of those are stealing and illegal under current laws, so they should be just as much stealing as downloading from kazaa right?

    12. Re:Saying so doesn't make it so. by _Sprocket_ · · Score: 4, Insightful


      There is deprivation here. It is the deprivation of a potential sale.


      If I don't look at a billboard - it's theft. If I don't watch a commercial - it's theft. If I don't visit my local music store - it's theft. If I post a negative review of an album - it's theft. If I simply state a negative opinion of an artist themselves - it's theft. If I don't provide my kids with enough allowance - it's theft.

      Potential sales do not equate to theft.


      But, simply, you can't reasonably assume that NO downloaded copy wouldn't have otherwise been purchased...


      Nor can you reasonably assume each downloaded copy would have otherwise been a purchase. Nor can you reasonably assume that no downloaded copies lead to later purchases.... or lead to additional purchases beyond the material downloaded.

      But again - potential purchases do not equate to theft.
    13. Re:Saying so doesn't make it so. by Thing+1 · · Score: 1
      (Hi new friend! ;-)

      I just can't wait to see what your correspondent's argument is going to be once we have assemblers/matter copiers.

      "But, but, but, I spent a year of my life working my fingers to the bone to produce that unique piece of woodwork, and now you're just going to steal my design from me? There oughta be a law!"

      I firmly believe that things are going to get worse before they get better, but they'll get better really quickly and we'll be off the planet before too many of us get thrown in jail for information loss.

      --
      I feel fantastic, and I'm still alive.
    14. Re:Saying so doesn't make it so. by martinX · · Score: 1

      how would you feel about the guy who throws a large house party and plays CDs he owns for everyone to hear?

      Depends. Did I get an invitation?

      But seriously ... if he is playing for invited family/friends, then all is OK. It is a private performance. If he is charging money, then it is a performance that he requires a licence for. If it's a really loud block party, he'll probably have the cops shutting him down over noise concerns before the RIAA finds out.

      IMHO. IANAL

      --
      When they came for the communists, I said "He's next door. Take him away. Goddam commies."
    15. Re:Saying so doesn't make it so. by daveschroeder · · Score: 1

      Similarily, however, you cannot assume that NO downloader will decide he likes the music enough to purchase a copy. Some people do exactly that. So I think you're making a big stretch to call it deprivation. You sound a lot like the BSA quoting how much money is lost to piracy every year.

      On the contrary: I have not used the RIAA and BSA techniques of assigning some ridiculous dollar value to each and every download. I simply said exactly what I said, which is that you can't reasonably say that there is zero deprivation. Whether or not someone would PURCHASE music because of a download is irrelevant: let's say, for the sake of argument, a music label would sell TWICE as much as it does now if only it allowed free, unlimited downloading of all of its content for people to "sample". The point is that it doesn't matter! It's not "okay" because you're still buying stuff, or because you have an anecdote about how downloading something made you buy something you wouldn't have otherwise bought. It's not your fucking decision to make! IT'S NOT YOUR CONTENT, AND IT DOESN'T BELONG TO YOU! If they want to sell it for $1 million/CD and don't sell any, THAT'S THEIR CHOICE, NOT YOURS! Jesus, what about this do you people not understand??

      To tread up the slippery slope aways, how would you feel about the guy who throws a large house party and plays CDs he owns for everyone to hear? He's probably breaking the letter of the law. Is he immoral too?

      No, he's not, because he's not breaking the law. 1.) This actually IS what we call "fair use", which the downloading crowd is trying to bastardize to consider every person on earth a "friend" that they're "sharing" with, and 2.) it's not a public performance, and is therefore not covered by ASCAP requirements. But nice try. What that person is doing is perfectly within the letter and spirit of the law. Because he's, you know, not trying to be a complete ass.

      Think I'm trolling if you want (because of the number of times I've posted? WTF? Also, look at my posting history...) but I'm most definitely serious, and not trolling. I could really care less if you respond if you truly think that a position you disagree with on this topic amounts to "trolling".

    16. Re:Saying so doesn't make it so. by Macadamizer · · Score: 1

      "The artist surrenders control to the publisher."

      And in return, they get paid (potentially) and get other "consideration" for their contract. Speaking in economic terms, if the value to the artist of getting the record company to produce and sell their music is greater to them than having control over that music, then it is a rational decision to turn over control in order to gain a (perhaps perceived) greater benefit. Nobody is forcing these artists to give up control of their work -- they make a bargain.

      "The publisher surrenders control, partially, to the consumer."

      Again, you presumably make the economic decision that having a CD you can play in your car is more valuable to you than the $17.99 or whatever in your pocket.

      "The part they do not surrender is, at least according to the law, the right to distribute. But ought they be able to withhold that right? "

      Why shouldn't they be able to? Presumably the price of a CD is based in part on the fact that the right to freely distribute is not included. It would be safe to say that a CD that the record company said you could freely distribute yould cost more than a CD without that right. Presumably you make the economic choice that $17.99 is a fair price to pay for a CD without the right to distribute the music on the CD. It's not like their is some shrink-wrap EULA on a CD where you think that you are buying the full copyright and then SUPRISE all you get is a copy to listen to. This is all just part of the bargain.

      Again, its not like any of this comes as a suprise to anyone. If you don't feel that the CD without the distribution right isn't worth $17.99, you don't buy it.

      "And why does the publisher's right of control trump the consumer's rights of control?"

      Well, it doesn't in this case, because the consumer NEVER HAD THE RIGHT to begin with when we are talking about distribution. The consumer isn't losing anything -- the consumer never paid for the right in the first place.

      One of the reasons it (usually) costs more to BUY a house than RENT a house lies in the value of being able to sell the house. As a renter, you have ALL of the rights of the owner, with the exception of being able to sell the house to someone else -- that right is one that costs extra. Do you think a renter should have the right to sell the house? Not an exact analogy, but similar enough to make a point. Whenever you have a "bundle of rights" in something, you can generally choose which rights you want to sell (or rent) and which you want to keep for yourself. The law does not usually make you sell all of none of them.

      "And what happens when the publishers, in their efforts to retain control inadvertantly, impact other consumer rights, weakly called "fair use," but more broadly, what ought to be my right as a consumer to manipulate, transform, transfer or otherwise with something I bought?"

      "Retaining control" is a balancing act, and sometimes it tips to far one way or the other. It will generally correct itself if it gets too far out of whack -- at least we hope it will. If course, "too far" is the subject of much disagreement...

      And as far as manipulate, etc., well, when you bought the CD, you bought the rights to sell, distribute or destroy THAT particular CD, as well as the right to play the music, but you did NOT purchase the rights to distribute or create other copies or to create derviative works. Now, if you had purchased the rights, and the record company tried to stop you, that would be one thing -- but you didn't buy the rights. You could, potentially -- you could go to ASCAP or BMI or the Harry Fox Agency and buy pretty much whatever rights you wanted -- but they would cost more than the $17.99, that's for sure.

      "None of this even touches the problems a sibling poster notes about the artificial creation of scarcity copyright protection produces, given that, yes, reproduction of information has vanishing marginal cost, and, shitty as it may be to you, there is not m

      --

      "That's not even wrong..." -- Wolfgang Pauli
    17. Re:Saying so doesn't make it so. by rpdillon · · Score: 4, Insightful
      What NoData is alluding to, but not outright saying, is that he believes fundementally in the pubic good as a goal above and beyond pure profit.

      You have bought into the idea that copyright is for-profit, inherently, and primarily. This is a relatively new notion, really. In fact, if you go back and read the prime mover behind copyright in the first place, it was all about something I mentioned above: the public good. Profit was strictly a secondary concern. Specifically, the primary concern was to incentivize artists to release their work so the public could enjoy it.

      Many people know this in their heart, but haven't heard it expressed or read the relevant laws. But in essence what everyone wants is for the artists to make a living, and for tons of people to enjoy their music however they like. But somehow, we've moved past that into this realm where we want to defend an artist making a living, a middleman making millions of dollars, and limiting our audience to the music as much as possible (yes, I consider selling a $0.10 CD in a store for $18 a crime).

      Essentially, my position (I won't speak for NoData anymore) boils down to the argument that the artists has every right to make a living. But if the artist makes a living (even a modest one), the public should be able to enjoy the artist's work. For those that cannot afford the $18, there is no case of a lost sale, there is no money lost, there is only gain.

      This is the system that should exist. The real querstion is: how do we get there from here? There may be no way, but one thing is certain in my mind: things are not OK the way they are. We live in a time where there are plenty of us to pay for CDs, and those that cannot can still enjoy the music.

      Rush might have put it best:

      Begin the day
      With a friendly voice
      A companion, unobtrusive
      Plays that song that's so elusive
      And the magic music makes your morning mood

      Off on your way
      Hit the open road
      There is magic at your fingers
      For the spirit ever lingers
      Undemanding contact
      In your happy solitude

      Invisible airwaves
      Crackle with life
      Bright antennae bristle
      With the energy
      Emotional feedback
      On a timeless wavelength
      Bearing a gift beyond price ---
      Almost free...

      All this machinery
      Making modern music
      Can still be open-hearted
      Not so coldly charted
      It's really just a question
      Of your honesty

      One likes to believe
      In the freedom of music
      But glittering prizes
      And endless compromises
      Shatter the illusion
      Of integrity

      For the words of the profits
      Are written on the studio wall,
      Concert hall ---
      Echoes with the sounds...
      Of salesmen.

      This was written in 1980, long before MP3's, the internet, or P2P. But all the ideas are there, and more. In fact, Neil even alludes to the two freedoms that we commonly mention in regards to free software; he talks of both free in price, but also freedom to be artistic in your music without "selling out". But his final stab, after verses about comprimising to make a buck, is that the whole industry, from the studios to the concert halls, is not about the artist, and it's not about the audience. It's all about the salesman.

      Defend the system all you want, but it's broken, and it's been broken for 25 years, at least. It's time to move on and get something better, not take the latest crop of problems and blame them on peer to peer file sharing.

    18. Re:Saying so doesn't make it so. by David+Rolfe · · Score: 2, Informative
      gp: To tread up the slippery slope aways, how would you feel about the guy who throws a large house party and plays CDs he owns for everyone to hear? He's probably breaking the letter of the law. Is he immoral too?

      you: No, he's not, because he's not breaking the law. 1.) This actually IS what we call "fair use", which the downloading crowd is trying to bastardize to consider every person on earth a "friend" that they're "sharing" with...


      Sorry I have to jump into this heated debate... but NO, that is not Fair Use. You cannot 'share' anything with friends and family and call it Fair Use. I can't believe I'm going to look up the code instead of telling you to Google it, but here goes:

      107. Limitations on exclusive rights: Fair use

      Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include --

      (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

      (2) the nature of the copyrighted work;

      (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

      (4) the effect of the use upon the potential market for or value of the copyrighted work.

      The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.


      So there you have it. Parties for your friends (I guess unless it's a musicology party, and you aren't playing the works in whole) and sharing with your family ARE NOT FAIR USE. Please to enjoy reading the whole code one time: http://www.copyright.gov/title17/92chap1.html
      --
      Read Heinlein's 1953 Revolt in 2100, now more than ever.
    19. Re:Saying so doesn't make it so. by arodland · · Score: 1

      You're not paying attention.

      Grandparent said that he believes that if it's given away freely, then it can't be stolen. So his argument doesn't say "it's okay to share it once it's stolen", his argument says that it's okay to share and nobody has to steal. If I buy the latest Metallica album (eugggh) I'm not stealing it from them. If I then offer you a copy of the MP3, then, says NoData, I'm not stealing anything, and neither are you. Feel free to try again, but your first try completely misses the point.

    20. Re:Saying so doesn't make it so. by cpt+kangarooski · · Score: 2, Informative

      That's incorrect:

      Per 17 USC 501, copyright infringement is an infringement of an exclusive right of the copyright holder under section 106, taking into account sections 602 and 107 through 122.

      While you may be thinking of 18 USC 2319, it does not define infringement as theft, and in fact since only some infringements actually qualify under 17 USC 506, and therefore under section 2319, this leaves a large number of actionable infringements from 501 outside of the realm of any crime.

      You shouldn't treat the title of an act as meaning anything. The reason they used the word 'theft' was in order to have the acronym 'NET.' That's it.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    21. Re:Saying so doesn't make it so. by shark72 · · Score: 1

      "Do I have that about right?"

      You forgot the part about the "it's only piracy if you're on a boat" idiots.

      --
      Sitting in my day care, the art is decopainted.
    22. Re:Saying so doesn't make it so. by shark72 · · Score: 1

      "I don't give a fuck if it's technically stealing or not. People can debate all night on the semantics - and boy, around here they sure seem to! Whatever it is, it's not very nice, and it's not very legal."

      Good point. If I caught somebody copying my stuff without my permission and trying to tell me that it's okay because it's really just "copyright infringement," or even if they made up some word for it in that African language with the clicking sound, I'd still kick their ass right proper.

      --
      Sitting in my day care, the art is decopainted.
    23. Re:Saying so doesn't make it so. by Kjella · · Score: 1

      I am not sneaking into their computer, or making an image surrepitiously--I am making an image of an image they are freely providing. And they, in turn, HAVE paid a consideration to the original creators by buying the thing from a retailer. Or if not them, then the person who freely provided THEM with the image may have, or the one before them, or whoever.

      Oh give me a break - by that logic one person is all it takes. Do you really expect someone to compose, record, edit and produce a CD with equipment, studio time and sound engineers for $15 total?

      To work like that, the music industry would have to switch to a "ransom" model, where they can expect only one payoff. It is a really poor model for all involved, it's difficult to predict, leads to waiting games, both socially and economicly inefficient, and overall bad.

      The part they do not surrender is, at least according to the law, the right to distribute. But ought they be able to withhold that right? What does the consumer's consideration actually buy them? A license?

      In a straight sale, a copy. The right to treat that copy however they want (play it, use it as a coaster, whatever), to timeshift it, to transfer it to other media, to transform it into any other form they please (like an mp3 or divx), at least in my country. Even the right to make personal back-ups, which are an exception to copyright. And the right to transfer that copy along with all derivates (or destroy them), aka selling or giving away that copy.

      So far, so good in my opinion. It'd be a damn strange world if people couldn't sell a copy without selling the right to reproduce it. If that was the whole story.

      The real problem is that they're moving from a copy to a licence. They're continously taking away the rights we used to have. To make back-ups, to timeshift, to transfer it to other media, to transform it, to sell it - they are stealing your rights by no longer offering copies, but licenses.

      Basicly, I think the law needs to reenforce what a sale is. If licensing something gives you powers far beyond a sale, and no drawbacks, why would anyone ever sell anything? I'd license you everything from the clothes you wear to the house you don't get to buy. You can have a permanent licence though. Just don't read the fine print.

      Kjella

      --
      Live today, because you never know what tomorrow brings
    24. Re:Saying so doesn't make it so. by daveschroeder · · Score: 1

      I'm not being sarcastic when I ask this:

      Are you telling me that you must pay royalties to ASCAP to play music (in this case, most US-copyrighted works from the US labels) that you have purchased in your own home during a party or gathering on private property? I apologize if I misspoke on fair use, specifically, and will stipulate to your correction. But still, are you telling me that playing CDs you own in your own house while anyone else other than yourself is in earshot is technically illegal or infringing? Because that's the insinuation of your post.

    25. Re:Saying so doesn't make it so. by Lovesquid · · Score: 0

      I'm a big fan of the pubic good as well...

      Too bad Rush is an RIAA artist, isn't it? One of my favorite bands, also.

    26. Re:Saying so doesn't make it so. by screwdriver_j · · Score: 0

      I can't say it's not a theft. Yes, you can call it this way. Yet, for me, theft in this case is similar to lie. Generally lying is bad. But there are lies that do harm and there are lies that do no harm. Same is here. Mostly people have some amount of money they can spend monthly for entertainment/culture etc. It's a fixed amount based on salary. The question is only how much they can get for this amount of money. The companies can't get more money from them no matter what. Therefore apart from moral point of view I can't see all these billions MPAA/RIAA claims to loose. No matter if someone has this illegal song or not makes no difference to company. I'm not addressing here any moral issues here but economical aspects of problem. Most important thing is that new technology slowly makes big distributors obsolate. They keep fighting to survive and grow like every economical organism. Well, their work places depend on this. But look now: media cost is very low, equipment necessary for professional recording is pretty cheap, network offers almost free distribution. What is the added value of these companies? I think only advertisement and nothing more. They take a pretty big piece of whole cake for this. They can use position and money gathered in older times to keep monopoly. Yet from my point of view they are an extremely big group of people doing nothing usefull but taking money and increasing the final price of product. Yes, they are "big, evil, blood-sucking, money-grubbing corporations" and I don't care if they survive or go down. What I want is to buy directly from artist and sooner or later whole world will come to this point.

    27. Re:Saying so doesn't make it so. by poopdeville · · Score: 1

      I can't really get past this...so you're saying that because it has been obtained once somewhere along the line legally, that any "sharing" from then on is absolutely justified, no matter how many times removed, and no matter how widely it is "shared"? How can you make that logical jump?

      Ever heard of mathematical induction?

      --
      After all, I am strangely colored.
    28. Re:Saying so doesn't make it so. by Anonymous Coward · · Score: 0

      I should've used the analogy of a place like Papa Murphy's or Subway playing the radio over the store speakers. That *is* a public performance, and is illegal, unless that store pays royalties.

  58. am interested in your proposal by Anonymous Coward · · Score: 0

    i also would like to love in canada. r u single? pls send photo

    1. Re:am interested in your proposal by MistabewM · · Score: 1

      If you are intresting in the slightest, and would like to move to canada I have a friend who would like to meet you. He has his own igloo with indoor plumbing! and his own dog sled team!

      --
      "A learning experience is one of those things that says, 'You know that thing you just did? Don't do that.'" - DNA
    2. Re:am interested in your proposal by Anonymous Coward · · Score: 0

      Why do all Americans want to move to the most northern regions of Canada?

      We do have cities, you know... some of them are very warm in the summer, and not TOO cold in the winter.

  59. Insightful? by xstonedogx · · Score: 2, Insightful

    At least my complaints are designed to be productive and effect change. Your complaint seems designed to tell people to shut up and maintain a forcefed status quo.

    DRM does upset me "that much", and my solution is simply to not provide any funding to companies who have anything to do with it. I also talk about it with people who will listen. ("Complain", if you will.)

    Your "solution" won't work. First, the potential legal ramifications are no better than for downloading the file illegally in the first place. Second, the file quality won't be as good. Third, and most important, you're trying to correct a symptom, rather than the problem.

    To specify the problem: We have a right to use and copy this information for our own use as we see fit and this right has been taken away from us by dubious means. An end run has been made around my rights for no reason and I have a problem with it.

    If you don't want to hear that, okay, but do me a favor and stop trying to invalidate my point of view by implying that I only complain because I "always find something to complain about".

    1. Re:Insightful? by YrWrstNtmr · · Score: 1
      To specify the problem: We have a right to use and copy this information for our own use as we see fit and this right has been taken away from us by dubious means. An end run has been made around my rights for no reason and I have a problem with it.

      Does that same thought hold true for something licensed under the GPL? Do you really have the right to do whatever you want with it, regardless of what the creater/owner/distributor wishes?

      The letter and spirit of the General Public License is held in high regard here. Why not the same for other licenses?

    2. Re:Insightful? by Anonymous Coward · · Score: 0

      Did you miss when the poster said for our own? Also poster was refering to something the person aquired legally wants to do what ever the hell he wants to do with it once he got it. There is nothing in there about the person wanting to redistribute the work or violate the copyright law in any way shape or form.
      Back to your GPL claim..
      You can use GPL for whatever and however the hell you want. But... If you want to REDISTRIBUTE it, you must include your source changes. There is absolutely no double standard there.

  60. Re:In the beginning there was no DRM, and it was g by daveschroeder · · Score: 2, Interesting

    I gotta say I agree with you, too.

    But even in a DRMless world, there are going to be some "fat cats", as it were. Even if the labels are toppled, in a manner of speaking, there will still be some groups that are the "best" to be associated with - for exposure and money. The people who have the best connections, the biggest website, the hottest PR folks (anything that penetrates the mainstream will have amazing PR). And all over again, it repeats: it won't be an even playing field, and never will be. And once the groups that give the best centralized exposure (which translates into money) - the ones who rise to the top, competitively, which means they'll have some folks with good business sense - get big enough, they might be looking for ways to stop people from stealing their shit too.

    I'm not sure property without locks and keys - and penalties for breaking them - can even survive (at above some very basic level, and certainly not as a market leader) in a free market system, and it may in fact be fundamentally incompatible.

    At a very basic level, I guess you could say this is "capitalism" vs "socialism" - again, not using either of those terms pejoratively - and the the disparity between those positions is dramatic. Perhaps grassroots efforts can at least shed light on the truth of content protection and DRM: it can ALWAYS be broken by pirates, and it ALWAYS hurts honest customers.

  61. ha! by joebeone · · Score: 1

    There already is a service that offers DRM-free mp3 music... and it has a pretty extensive catalog... it's emusic. No freakin' Britney Spears on this service. Although you might not find it up to snuff unless you're heavily into indie and obscure music or if you've got a sense of adventure.

    1. Re:ha! by hisstory+student · · Score: 1

      I signed up with emusic. I had a list of 100 artists whose music I wanted. I found 3. Oh well. If you're the kind of person that hasn't got time to test listen to hundreds of unknown artists, don't waste your time with emusic. Only the DRM freedom is nice, the music is just sort of ho hum. No offense.

      --
      Heard any good sigs lately?
    2. Re:ha! by joebeone · · Score: 1

      It's not everyone's cup o' tea... but man, it's a hell of a lot richer than you may think (just independent-label rich). I don't know of anyone else that likes it as much as I do. :)

    3. Re:ha! by n-tone · · Score: 1

      Totally agree, e-music is the best online music service on the web. You just need to be a fan of independent music.
      If you love arists such as Pavement, Sonic Youth, Blonde Redhead, Yo La Tengo. Emusic is simply the best place on earth.

  62. Going nowhere fast by Anonymous Coward · · Score: 1, Interesting

    The only way a service will compete with Apples dominance of the online music market (mindshare) is via Brand and Marketing.

    Its a red herring - if a competing service starts eating significantly into Apples market share on the basis of not using DRM, Apple will simply shrug and do the same.

    Until a competing company is cooler or offers a significantly better service than Apple, they will not have any real effect on Apples dominance.

  63. Re:Actually, in Soviet Russia, the music frees you by Mononoke · · Score: 1
    It's proof that cheap, DRM-free online distribution can work.
    Works for whom? The musicians and the songwriters aren't seeing a penny of what you are paying.

    I suppose it works for people who want everything to be free (as in beer.) Personally, I don't mind paying people for their efforts, just as I would be paid for mine.

    --
    NetInfo connection failed for server 127.0.0.1/local
  64. allofmp3.com by Blue_Nile · · Score: 1

    allofmp3.com already does this. Encoding in ogg vorbis, flac, aac, wma and of course mp3 to name a few...

    300,000+ songs and a cheap price to boot. They also accept paypal.

    --
    Si Hoc Legere Scis Nimium Eruditionis Habes
    1. Re:allofmp3.com by hisstory+student · · Score: 1

      I haven't learned how to read Russian yet, but thanks anyway.

      --
      Heard any good sigs lately?
    2. Re:allofmp3.com by Anonymous Coward · · Score: 0

      Um, the entire site is in English...

    3. Re:allofmp3.com by hisstory+student · · Score: 1

      The allofmp3.com site that I went to was 100% in Russian. I don't know where you've been.

      --
      Heard any good sigs lately?
    4. Re:allofmp3.com by Anonymous Coward · · Score: 0

      To get a song from allofmp3.com in FLAC, you need to be a VIP member, and pay $0.02 per Mb. No thanks; I'll go to the used music store and just buy the CDs.

    5. Re:allofmp3.com by Anonymous Coward · · Score: 0

      Or you could, you know, click on the word "English" in the upper left hand corner.

    6. Re:allofmp3.com by hisstory+student · · Score: 1

      Details. Details. :- )

      --
      Heard any good sigs lately?
    7. Re:allofmp3.com by hisstory+student · · Score: 1

      Tried that. It didn't work, so I just figured somebody in Russia thought it'd be cool to have it on the page even if it was non-functional.

      --
      Heard any good sigs lately?
    8. Re:allofmp3.com by Stephen+Chadfield · · Score: 1

      Your browser configuration must be broken. I have used their English site many times.

    9. Re:allofmp3.com by Blue_Nile · · Score: 1

      you did look in the the top left corner that says russian/english right?

      --
      Si Hoc Legere Scis Nimium Eruditionis Habes
    10. Re:allofmp3.com by hisstory+student · · Score: 1

      Yep. Even though it's hard to read, that's what I clicked on. No resultant English page. Perhaps it requires Active X or something else that my Firefox browser doesn't support.

      --
      Heard any good sigs lately?
    11. Re:allofmp3.com by Blue_Nile · · Score: 1

      I've been viewing the site with firefox since july and its displayed fine...

      --
      Si Hoc Legere Scis Nimium Eruditionis Habes
  65. Read again, dude. Big "duh" ahead. by Anonymous Coward · · Score: 0

    If you support a bad system instead of taking a stand, just so you can get your music (or support your precious Apple, whichever it is), then you are selfish.

    An unselfish act in this case would be to not support *any* DRM system, and this way, help sending a message that this is not OK. You probably think it makes no difference, and it won't as long as you think that way.

    Or is it just that it's Apple? I would hope not. That would really be crappy. Especially as they are approaching monopoly on this one, with their own format, iTunes lock-in, DRM an dso on. Or is that only bad when it's MS?

    And yes, you can still do the right thing and pay for your music. Just don't buy it with DRM. For what would be obvious reasons to all but the fanboys apparently.

    1. Re:Read again, dude. Big "duh" ahead. by CrackedButter · · Score: 1

      First, I only buy singles. Songs which I cannot get without buying a full album, second I use bleep.com as well. Those 2 alone are enough and would seem to cater for mac users. It isn't because it is Apple. I agree DRM sucks but what can you do about it? What have you done about it anyway other then preach from your computer screen?

  66. Hey, I will pay Apple... by rmdyer · · Score: 1

    I will pay Apple $2.00 a song to get non-DRM'ed music. Think they will go for it?

    1. Re:Hey, I will pay Apple... by daveschroeder · · Score: 1
  67. Refutations by daveschroeder · · Score: 0

    http://slashdot.org/comments.pl?sid=137646&cid=115 13960

    You're depriving the painter of the possibility of his work (or even duplicates of it) having been purchased by taking it upon yourself to create/obtain duplicates that the creator has not been paid for, either for yourself, or others.

    You're stealing from him, plain and simple. "Legally" stealing? Perhaps not. But that's a semantic debate. Saying it's "copyright infringement" and not "stealing" makes you feel like you're not the two-bit thief that you clearly are. And anyone who makes that argument is clearly feeling guilty.

    Of course, you've got some tired rationalization for that, as well, I'm sure.

    http://slashdot.org/comments.pl?sid=137646&cid=115 15134

    Let's take this argument out to absurdity. Which I feel is appropriate, since you already have.

    Whether or not I have a copy of the painting or song does not affect the artist/singer unless I could afford to buy it, in which case I would have done so. It only affects me. So I don't think it's wrong of me to copy it.

    How do you figure that it only affects you? Where is your incentive to better your financial situation and make more money, so you can afford the things you want - which you claim you would buy if you had the money? Inherent in that is educating yourself, making yourself a better and more productive member of society, a semblance of ambition, and incentive to do more. If everything could be gotten for free, then where's your incentive to do anything? And then, the logical follow-on question is: where is ANYONE'S incentive to do anything?

    Luckily, there are still honest people in the world. That's apparently the difference: some people feel obligated to pay for the work and effort of others within the bounds of the laws that society has collectively set up; others feel that it's okay to take from others with no compensation, and manufacture arguments designed to rationalize it, rather than thinking, "Hm, wouldn't it be nice to {improve my lot in life | work more hours | work toward a better job | make myself more desirable in the marketplace | etc.} so that I can reward myself with the things I want?"

    http://slashdot.org/comments.pl?sid=137646&cid=115 16848

    I don't recall being asked for my input. Who set up these bounds again? It wasn't society.

    Wha? In this crazy society we live in (assuming you're in the US), we have something called representative democracy and another wacky concept known strangely s rule of law. As nutty as it sounds, the constituent elements that make up our society collectively decide on laws that govern our interaction with one another. Not everyone may agree with the fundamentals of every possible law, but we still collectively decide as a society to obey them, so we can actually live in some semblance of civility.In-sane!

    There is a finite amount of wealth to go around.

    Now I know you really don't know what you're talking about. This is not a zero sum game, and wealth is most definitely not finite. If you want to talk about people who are worth "100 times" as much as someone else, you're not talking about that tired old "one percent" the liberals always trumpet about. You're talking about the top 0.1% or 0.01%, depending on who you're comparing to. Why are you concerned with the fabulously wealthy? On top of that, that isn't what this discussion is about at all. If you don't believe that you can (or even want to) better yourself, you'd probably be perfect in socialism: the endless struggle for the lowest common denominator!

    Nice Robin Hood argument though: the classic "because they have more, it's ok to steal from them". Nice. It's good to see plainly where you're coming from, though. Thanks.

    1. Re:Refutations by miskatonic+alumnus · · Score: 2, Insightful

      If everything could be gotten for free, then where's your incentive to do anything?

      Do you charge someone when they ask you what time it is? If you open a door for a little old lady, do you demand payment? When you make love to your girlfriend or wife, do you charge for that too? Your perception of the world is clearly filtered through the corporate green lens of "what's in it for me?"

      Did Isaac Newton get paid for inventing the Calculus? If not, why the hell did he invent it?

      Here are some possible answers to the question of incentive: someone wants to be kind, or better their situation, or better the situation of all, or is simply driven to create, dissect, analyze.

      What a sad, sad creature that perceives every human activity and transaction in terms of dollars and cents.

    2. Re:Refutations by daveschroeder · · Score: 1

      Nice try, but your analogies are all wrong.

      I never said EVERYTHING demands "payment". I never said you shouldn't hold the door open for an old lady. I never said people shouldn't create or invent lest they're paid. In fact, I, or you, could do all of those things and ask for nothing in return.

      But some things in our society DO demand payment, and, frankly, it is the business of the owners to decide. Some content owners of music, for example, have asked for payment in return. There are legal guidelines which govern this arrangement. If you take something that belongs to them - that they own the rights for - and do not pay for it, because you've made a bunch of tired rationalizations about how it's "ok", that is stealing from them. It is not up to you to decide that they shouldn't be charging for it, or it's "ok" because your narrow minded justification tells you you're not "depriving" them of anything.

      Some musicians, as owners of their content, have chosen to give it away for free. Bravo! It is their right to decide. NOT yours.

      Good job trying to frame my argument as one of a corporate shill, when in reality it was a fundamental property and rule of law argument, not to mention one of ethics.

    3. Re:Refutations by morbiuswilters · · Score: 1

      Your post touches on many complex topics, but I want to focus on the point you make about incentive. I don't know precisely what motivated Newton but I do know that calculus was not so outrageous that others would not have discovered it and that being first is only a small part of what it takes to make a difference. If Newton's ideas had never been spread to the public, if there hadn't been millions of engineers, scientists and businessmen to expand on his work it would have been quite useless. The vast amount of work that goes into taking an idea and making it real is often overlooked by people looking to fawn over the work of one man. Yes, Newton was brilliant, but if there wasn't a public to desire automobiles or airliners or what-have-you, if there weren't capitalists to risk the money, if there weren't marketing folks pounding the streets to find out what things tickle our fancies, if there weren't factory workers to produce them, then very little of his work probably would have mattered. Graduate students with ideas are a dime a dozen, but it takes a lot of work to take an abstract idea and turn it into something that can bring happiness, longer life and great benefit to billions of people everyday. It seems to me that you have unwittingly fallen into the trap that many socialists accuse capitalists of believing in: the theory that one person is so much more important than everyone else. The amusing part is that the communists said they were for the people and promptly destroyed the things people wanted and attempted to force people to be happy worshipping the genius of Marx, Lenin and Stalin. The simple truth is, most of the people are (rightfully) concerned about the happiness that their work brings to them and are not so happy to be working in awful conditions for the good of everyone else or for the pursuit of some intellectual ideal. Like it or not, but capitalism has had more success at creating the goods that people want than any of the miserable failures of so-called "socialist paradises".

      --
      I have come here to chew memory and kick ass... and malloc() is returning a null pointer.
    4. Re:Refutations by miskatonic+alumnus · · Score: 2, Insightful

      I wasn't "framing your argument". I was pointing out the absurdity of one of your statements --- the quoted statement --- the one that implied that without (financial) compensation, there is no incentive to do anything.

    5. Re:Refutations by Anonymous Coward · · Score: 0

      You probably think that people who play their DVDs in Linux are just as bad as those who download a divx rip off of kazaa. After all, there is legally no difference because of the DMCA.

    6. Re:Refutations by miskatonic+alumnus · · Score: 2, Insightful

      It seems to me that you have unwittingly fallen into the trap that many socialists accuse capitalists of believing in: the theory that one person is so much more important than everyone else.

      No. Where did I state, explicitly or implicitly, that I worship Newton, or think he was the greatest human to draw a breath of air? I used the fact that Newton wasn't paid for his creation to give lie to the quoted assertion made by the GP.

      Like it or not, but capitalism has had more success at creating the goods that people want than any of the miserable failures of so-called "socialist paradises".

      Another proponent of the theory that money, or what can be purchased with it (goods and services) is the end-all, be-all of human existence. Hedonism is not attractive.

    7. Re:Refutations by Hatta · · Score: 1

      It seems to me that you have unwittingly fallen into the trap that many socialists accuse capitalists of believing in: the theory that one person is so much more important than everyone else.

      Huh? The central tenet of socialism is that no person is any more important than anyone else. It's capitalism that assigns people value based on the size of their bank accounts.

      --
      Give me Classic Slashdot or give me death!
    8. Re:Refutations by Pofy · · Score: 1

      >You're depriving the painter of the possibility
      >of his work (or even duplicates of it) having
      >been purchased by taking it upon yourself to
      >create/obtain duplicates that the creator has
      >not been paid for, either for yourself, or
      >others.

      Depriving someone of income is neither theft nor illegal in itself. Dependin on what action you take to do it, it can be illegal (the act, not the depriving in itself) or it can be legal.

      Similary to not pay for something you create (in this case a copy) is not in itself illegal too, nor does it have anything to do with copyright. Payment is a non issue. It is the actual act of copying that can be compyright infringement. However, there are many cases were making a coppy or geting hold of a copy (with or without paying) that is perfectly legal!!

      >You're stealing from him, plain and
      >simple. "Legally" stealing? Perhaps not.

      What are you trying to acomplish by this type of reasoning? If I understand it is is along the lines of: 1) he is deprived of something 2) that is similar to stealing 3) Since some acts of copying is depriving someone of something, any act of copying is too and hence copying is identicval to theft and therefore illegal???

      Guess what, the law allready details what type of copying is illegal and what type is not. It is not doing it based on depriving someone income, and it does not use theft to sort it out either, it simply lists when copying (or a few other things like distribution and making it available to the public) is considered illegal and when it is not. On top of that, it has the the termoinology for it too, copyright infringement.

      ALso, since there are many, MANY cases were something would be similar to theft and not copyright infringement, it is stupid to try to use analogies of one to prove the other. Actually, to use analogies to prove anything is stupid. Trying to use some reasoning that completely miss the reasoning in copyright law to try to explain whe something is illegal or not also ends up wrong, no matter how you want to twist it by call ing things theft (since your reasoning will lead to a whole bunch of things that is perfectly legal still would be considered "theft" by you).

      So why not try to use proper terminology, use the laws for telling what is legal or not and not your own ideas of what should be.

    9. Re:Refutations by daveschroeder · · Score: 1

      What are you trying to acomplish by this type of reasoning? If I understand it is is along the lines of: 1) he is deprived of something 2) that is similar to stealing 3) Since some acts of copying is depriving someone of something, any act of copying is too and hence copying is identicval to theft and therefore illegal???

      You completely and utterly missed my point. Whether it is legal or not is beside the point. (But copyright infringement is "illegal", so yes, it's illegal.) The point is that it's *wrong*. I realize that it's subjective, but I'm trying to describe why I believe taking something that doesn't belong to you, even if you think it's ok because it's a duplicate, or ok because you didn't take it from the owner, but rather someone who was "sharing" it, or ok because you wouldn't have bought it anyway, or ok because you DID end up buying it, or ok because you don't think the owner was "deprived" of anything, or ok because you think copyright is a tool for corporate profits, etc., etc., etc., that it's still morally WRONG, and just because things CAN be easily copied - things that someone invested in some cases LOTS of time and money in - doesn't mean they SHOULD be copied.

      Get it?

      I'm not imposing my will on you, I'm not trying to draw some convoluted chain of logic to say it's "illegal", I'm saying that whether or not it is legally "theft", by that very word, I think it indeed is THEFT, legally or no, and it most certainly is a violation of copyright, even you don't concede that it's "stealing". What we're all doing here is dancing around the issue that downloaders who have thought about this enough to justify it to themselves:

      You don't like the law or think it's unfair, and you've painted this evil picture of the music industry, that may in fact be true. But instead of working to change the law(s) and/or the system, as the case may be (I realize there are some people here outside the US that believe it is perfectly legal, moral, and ethical for them to copy music that originates from US labels without paying for it), you've decided to just ignore it, or paint it as "activism" or "civil disobedience". Sorry, I simply don't buy it. That's all I'm saying. Take it or leave it.

    10. Re:Refutations by miskatonic+alumnus · · Score: 1

      At last, at long last, we boil all the pretense of logic, argument, and reasoning away --- the smoke clears, and the crux of your "debate" is revealed. You personally think it is morally wrong to copy a book, cd, etc. That's it. No capitalism vs. socialism, no theft vs. copying, no law vs. lawlessness --- just you bleating "It's wrong, because it's wrong, because it's wrong wrong wrong!"

      We are indeed most fortunate that not everyone views the subject the way you do. For, nothing would EVER be created. There is very little that is completely new. Almost every song, play, movie, piece of art borrows --- excuse me, in your language, STEALS --- from those who came before. When you play that guitar, you are stealing someone elses licks, chords, harmonies, styles. Do you have anything new to sing about? Love? Depression? War? It's all been said before. So, when you rearrange the words, they are not really yours, they are a permutation of someone else's, and so you owe them for STEALING their ideas. We see in practice how this goes: Disney drinks deep from the public domain (Snow White, Cinderella, etc.) But when it comes time for them add their contribution, NO WAY!!!! Mickey Mouse is THEIRS and THEIRS ALONE for all eternity. What hypocrisy!!!

  68. Fed up? by rhesuspieces00 · · Score: 2, Interesting

    Im not really fed up with iTunes. Ive got a lot of high quality music videos i pulled off for free. Some songs that came with a pay pal account. Some that were handed out free each week. Some more I traded for my friends pepsi caps. Ben&Jerry's gave me a few more. I think i also might have bought a song or two at some point. And none of them are DRM'd. Hymn is pretty damn easy to use. Its a lot less trouble than driving to a record store and then having to rip the cd once ive paid for it.

    Honestly, it doesnt really bother me to pay $1/track for songs every once in a while, but I haven't got any space on my 40GB iPod (none of which, might I add, came from kazaa, napster, or any other 'illicit' download service), so I'm not in dire need of more music at the moment.

  69. Dumbass: by daveschroeder · · Score: 1

    The summary mentioned iTunes. I mentioned it once, the context that no one is forcing you to use it. Where did I mention Apple or Macs?

    Oh, what's that? I didn't? Ok, fuck off then.

    But you managed to mention it 7 times in your post. Hmm. AND take time out of your day to call a post "Apple fanboyism" that has nothing to do with Apple. Wow, the smart one you are!

  70. iTunes Music Store is MUCH better by pario · · Score: 2
    Since the iTunes music store has a larger collection of songs and I can strip the DRM crap off my purchased songs with JHymn, what the point of starting a new service like this? Apple already knows about JHymn and has not done anything about it so far, so it is most likely Apple does not do anything about it in the future either.

    Disclaimer: I don't mind paying money for good songs at all. I use JHymn to play songs on other platforms for which iTunes is not available. JHymn works beautifully for this purpose.

  71. BLEEP DOT COM - THE ORIGINAL DRM-FREE by TheLittleJetson · · Score: 1

    Those of us with a more eclectic taste in music enjoy downloading albums from BLEEP. They serve up content in decent bitrate MP3, no DRM. You can pay with PayPal.

    I really don't have much ethical issues with downloading bootlegged music, however, $10 is well worth it for instant-gratification. I don't have to search P2P networks, wait in queues, etc. I just find something I like, and grab the whole album at high speed.

  72. I want my lunch... by smartsaga · · Score: 2, Insightful

    Audio Lunch Box Here

    MP3 and OGG, NO DRM!!!!!

    It has been out for a while you know.

    Have a good one.

    --
    ===== "Every head is a different world so don't invade mine you FREAK!" smartSAGA said
  73. Slightly OT: Robertson is an ass by Ghostgate · · Score: 3, Interesting

    I wish it wasn't Robertson that was at the head of all of this, because I would always like a non-DRM music service to succeed. But Robertson got to where he is (insanely rich) by stepping on everyone else back in the late 90s. For example, he did things like stealing tons of bandwidth from a university FTP search project (which, at the time, was at ftpsearch.ntnu.no) and putting it on his "filez.com" site to sell advertising there, never giving any credit to the people who created the search. He also squatted audiograbber.com (Audiograbber being the name of a now well-known CD ripping program... at the time it was still up and coming) and for a long time refused to sell it to the creator of the software, instead directing it to MP3.com where he was advertising for competing programs. I could go on and on. He's just an ass who exploits people. I ran one of the larger MP3 sites around the time when MP3.com was still new (when it was just a garbage list of software, without any real content of its own), and so I managed to talk to him a few times back then. When I took my site down he was waiting like a vulture to buy it up and forward it to MP3.com, but I wouldn't sell...

    1. Re:Slightly OT: Robertson is an ass by Anonymous Coward · · Score: 0, Troll

      Your definition of an ass is my definition of a financial success.

      There are plenty of them out there.

      They 'steal' other's ideas and make money off of them.

      Gates.

      Jobs.

      Robertson.

      The entire Asian continent.

      and on and on...

    2. Re:Slightly OT: Robertson is an ass by the_2nd_coming · · Score: 1

      are you on crack? I would have sold i in a second!!!!! that would have gotten you what? like a few grand at least?

      --



      I am the Alpha and the Omega-3
  74. Actually by mg2 · · Score: 1

    I hate to break it to you, but I'm not much of an Apple fan. I own a PC, I'm running Redmond's best, I don't own an iPod, and I don't use iTunes.

    My feeling is, though, that they've done a great thing. What exactly? Well, they've taken the music out of the hands of corporations like WalMart (who will censor it, and then they'll sell it to me for $15), and they've made it accessible to the masses. My parents are capable of using iTunes, and that's saying a lot.

    People are willing to disregard all of this because they feel entitled to be able to copy it, and share it, and do whatever they want with it -- legal or not. Granted, DRM might stifle a lot of legal activity, but whatever. You get what you pay for.

    1. Re:Actually by Anonymous Coward · · Score: 0

      Well, they've taken the music out of the hands of corporations like WalMart (who will censor it, and then they'll sell it to me for $15), and they've made it accessible to the masses.

      What do you mean accessible to the masses? I do not know where you live but for every Wal-Mart I've seen, there is at least 5 other places within a few miles that sell cd's as well. Add in the online stores and record clubs and I am thoughly confused by your claim.

      As for non cd purchased music..
      Apple is only ONE of the players in this field and far from the first. In fact, they did not go live until April 2003. Apple was not a pioneer in the introduction of online music to the people. The only thing that makes ANY provider of online music different from any other provider is the capable portable units, the specific format of the music and the GUI. None of those have any effect on being accessible to the masses, just the masses may favor one over the other or are new to the market and are choosing what others have. Similar to someone claiming Internet Explorer brought the internet to the masses. People were not standing around waiting for the day MS would release a TCP/IP stack and improve/release a web browser so they could finally browse online. The internet was already there, the ISP's were already there and existing browsers were there. When people wanted to go online they took the jump, IE or not, the popularity of the internet would have grown either way. I am not disputing the popularity of the iTunes/iPod combination but the same music collections was accessible to anyone online at the same price long before Apple got into the market.

  75. The choir and the crowd by Hal+XP · · Score: 1
    Can they do music people want?
    One thing that Net ventures like this share with most opensource projects (except those which half-seriously claim "world domination" as their goal) is that they're really after people who do care about extending the freedom and rights they enjoy in the tangible world to the digital domain. Indeed, maybe most "people" (i.e. the masses) don't. But it's no less a lie that some people do. This venture will succeed if those people support it. The Net's main saving grace is that it allows you to narrow-cast to a choir of like-minded people just as it allows you to reach the masses (with Internet access). What's wrong with catering to the choir, rather than to the crowd?
    --
    I'm a sci-fi vegan: I don't want the aliens to think we have as much right to live as the fried chickens we eat.
  76. Remember that old story... by Kadmium · · Score: 1

    Does anyone remember the slashdot story that stated that programmers tended to be metalheads? If that's true, all these guys have to do is license the Nuclear Blast label (and maybe InsideOut) and they've got the Slashdot/programmer crowd, which is pretty much 90% of the people that care.

    1. Re:Remember that old story... by Anonymous Coward · · Score: 0

      How dare you.
      It's not the programmers that have Britney Spears wallpaper that like metal. It's us network admins and engineers. Leave those creepy programmers out of our music!

      j/k

      BTW, Metallica stopped qualifying as metal beginning with their Load album. Slayer, now there's metal.

    2. Re:Remember that old story... by Kadmium · · Score: 1

      I'm gonna suggest that qualification was revoked from the self-titled album.

  77. Features? by g0dsp33d · · Score: 1

    Is there any MP3 servers that let you buy cheap, DRM free MP3s, that has both a large selection and lets you pay for them individually instead of a montly fee?

    --
    lol: You see no door there!
    1. Re:Features? by fireshipjohn · · Score: 2, Informative
  78. Re:It's a trap! by Anonymous Coward · · Score: 0

    Why did you post anonymously, Admiral Ackbar?

  79. Credit card declined CyberPlat.com by 1000101 · · Score: 1

    After reading this post I decided to bite the bullet and sign up at allofmp3.com. I did a little research on them and they seemed legit as far as not scamming people's credit card info. I attempted to add money to my account using my Visa Platinum but kept getting the message:

    "Authorization failed"

    Knowing full well that this shouldn't be happening, I decided to call my credit card company. I got an automated system that explained to me my last five charges and the most current was an attempt to charge my card with $5.00. This charge was denied and my account was not charged. I'll call and speak with someone tomorrow, but it seems that my bank (Wachovia) is blocking charges from cyberplat.com (or possibly any Russian based company). I thought it was interesting, and was actually pleased that my credit card denied the charge even though it was a legitimate one.

    1. Re:Credit card declined CyberPlat.com by FreezerJam · · Score: 1

      I've always been concerned about sending credit card info to Russia. More to the point, though, I don't need to.

      I figure Paypal is more trustworthy than Russia. However, Paypal has been "temporarily unavailable" for some time. However Paypal can be used to purchase a prepaid card from XROST.

      Not only does this not cost you money, it SAVES you money. Neither Paypal, XROST, nor AllOfMp3 will charge you for the transfers involved -- and AllOfMp3 right now offers a 10% bonus for using XROST.

      Theres a deep lesson buried in there about transitive trust relationships and how money always finds a way....

    2. Re:Credit card declined CyberPlat.com by DioBach · · Score: 1

      I have no problems in allofmp3s credit card payments. In fact, they froze my account because of suspicious use and asked my what was going on. I explained that I used the Cahoot webcard which generates a random CC number for each transaction to prevent fraud. The reinstated my account and gave me a good bit of confidence in their payment practices.

      --
      That's Welsh Dai-0, not Ronnie James Day-o
  80. RE: Nope, you have that about wrong! by King_TJ · · Score: 1

    I can't speak for the generic "people" you refer to, but I *can* and will speak for myself.

    I don't think "copyright infringement" has anything at all to do with "sticking it to the evil, blood-sucking, etc. etc. corporations" and that making it "right" vs. "wrong".

    What I *do* think is that quite simply, stealing refers to taking possession of tangible property without permission. Copyright infingement is NOT stealing in any strict sense, because it's about the "unauthorized" duplication of intellectual property (typically intangible).

    When you steal, you deprive someone of the item in order to re-locate it physically in your presence. When you infringe a copyright, no such thing happens. Any purchased media the original works were stored on remains in the possession of whoever had it to begin with. You simply made a "clone" of it using other media.

    In fact, "copyright infringement" is all about an entirely different crime -- one of breaking a contract. IMHO, this very much enters the territory of being subject to interpretation. If, say, you strike up a business deal with a partner and agree to sign a contract with him/her covering it - what about unreasonable or unjust language hidden deep within it that you didn't notice before you signed? Strictly speaking, you'd just be "out of luck" since you signed it. But we all know it's not really this way in all cases. Laws must be *interpreted*, which is the job of the courts, judges and juries. It could very well be decided that the language wasn't legally binding, so you're "off the hook".

    So it is with software too. Criminal prosecution of copyright violations should be reserved for the counterfeiters, who quite clearly are cheating the people who believed they were really paying for the original product, and instead got a knock-off.

    Anything else, I'd say, is potentially something to deal with on a civil basis - but probably little else. If you "pirate" an application instead of buying it, you're cloning the bits that make up the program - but you're not getting the rest of the package. (No free updates, support from the vendor, printed manuals, guarantees of replacement of defective media, and so on.) Those are really the things that should make software purchases worthwhile anyway.

  81. Big Money? by Barlo_Mung_42 · · Score: 2, Interesting

    At the standard rate it works out to $0.25 per song. Much better than anywhere else that's legal.
    I've been a member for over two years. It's great. Once you realize that just because the major studios christen a song #1 doesn't make it good and start looking at some of the GREAT music that independent labels put out you see what a rip off the other places are.

  82. ...and did we forget Bleep? Slashdot ran the news by TheLittleJetson · · Score: 1

    BLEEP.COM was one of the first on the scene. They now have a lot more record labels besides Warp.

  83. Re: poor soup eating artists... by Anonymous Coward · · Score: 0

    you think all artist have signed bad deals?
    you think, say, pat metheny has a shitty deal?
    i think more like somebody like that is in complete complete control of what how much and when it comes out on ITMS.

    only dirtball can't play a note flash in the pan punk pop bands need to sign those (then complain) because all they want is fame and glory and their eyes are crossed and glazed with, yes, $$ signs and naked chicks. mb they ought to get a decent education first so they know what the fsck they're signing! serves them right.

  84. Where do they get their favourites from? by TheLittleJetson · · Score: 2, Interesting

    I understand the need for ratings, as well as the mentality of radio listeners (precisely why I don't listen to radio). The problem is, they must have heard their favorite songs for the first time somewhere, and generally it's the radio. So, answer me this: When an artist that obviously lacks any talent or musical inspiration, and is quite clearly a manufactured pop star (Ashlee Simpson, Britney Spears, etc.) starts making records, WHY DO YOU PLAY THEM? Once people hear them, they'll want to hear it again, because it was played on the radio...

    Major radio (and media at large, MTV is just as responsible) outlets are just as responsible for their artists tastes, as their artists tastes are for their playlists. It's a sickening cycle, but this crap is introduced to the public by the media outlets, not by people buying CD's on a whim and then requesting it on the radio.

    1. Re:Where do they get their favourites from? by BenjyD · · Score: 1

      John Peel was the best example of the power of radio to introduce new things to a country's musical tastes.

  85. CORRECTION TO MY POST! by TheLittleJetson · · Score: 1

    I'm such an airhead sometimes. The following line:

    Major radio (and media at large, MTV is just as responsible) outlets are just as responsible for their artists tastes, as their artists tastes are for their playlists.

    Should read:

    Major radio (and media at large, MTV is just as responsible) outlets are just as responsible for their listeners tastes, as their listeners tastes are for their playlists.



    Speaking of, why the hell doesn't slashdot let you edit your comments like every other message board!!?!?!

    1. Re:CORRECTION TO MY POST! by kitzilla · · Score: 2, Interesting
      I followed your original, and it's an entirely fair question.

      Radio *does* feed listener tastes. But so do sales and live performance, TV, MTV, club play, and word of mouth.

      Which is why we play currents. Carefully, in adult formats. You'd be surprised how interested we are in local CD sales. Our current-based station -- a lot of them, at least -- pay a lot of attention to things like Soundscan. It's a service that tracks how many units of what are moving in the stores.

      We can't see who (age, etc.) is buying what, so sales info is a bit limited in its usefulness. But sales often lead airplay, and we can sometimes see hits coming before they really break big on the radio.

      This is really a GREAT observation you've made, and a legitimate challenge to how we radio people look at our industry. I think you'll see our company and others address the issue over the next few years with a new crop of formats and variations old ones. This is already happening: Clear Channel developed a new gold-based Hispanic format last year that's doing very well, and my station is a new Adult Contemporary hybrid.

      Rock is at an interesting crossroads right now. CHR has already shattered into several families of current-based formats. Soft AC has hit a brick wall (the core audience is rejecting the new music now). Country is long overdue for a format fork.

      The advent of PeopleMeter audience measurement will also pressure us to innovate.

      It could end up being a very cool time to program radio stations.

      I'm with you on wanting to edit Slashdot posts after they're posted.

      --
      This is my post. There are many others like it. If you don't like what you read here, go try one of the others.
    2. Re:CORRECTION TO MY POST! by AnyoneEB · · Score: 1
      Speaking of, why the hell doesn't slashdot let you edit your comments like every other message board!!?!?!
      You cannot edit posts on slashdot because that would allow for great abuse of the moderation system. Ex. troll posts good insightful comment, gets moded to +5, and then the troll edits it to an advertisement or other trollish post or changes a link.
      --
      Centralization breaks the internet.
  86. I'm an unhappy, but right, obnoxious loon by Anonymous Coward · · Score: 1, Funny

    You just described why I broke up with my last girlfriend.

  87. Get a job! by Anonymous Coward · · Score: 0

    I keep seeing people saying things like iTunes does harm because they (and the RIAA) take the lion's share of profit from each song sold.

    So? Every day I work, try to produce something useful, and at the end of two weeks I get paid for that work. That's it. I don't continue to get royalties for my effort, I just get paid once. Why is it that musicians expect to get paid forever for something that took them a matter of weeks or months to produce? Isn't getting paid a reasonable return for the effort enough? Is a musician's effort really worth so much more than mine (or that of a waitress or a doctor?) Yes, obviously the music continues to be worth something since it can be sold over and over again, raking in millions of dollars. But that is really only possible because of the huge industry that the RIAA has put together. Before the music industry existed the idea of getting rich from being a musicain was crazy.

    Now with the Internet it is possible to get your music out to millions of people without the music industry. Should musicians still expect to bring in the same money they could with the music industry behind them, or should they finally realize the money was there *because* of the music industry?

    1. Re:Get a job! by ironfroggy · · Score: 2, Interesting

      I really hate to admit it, but you've got a point.

      Still, I stand firm with my belief that the best path is to make it as easy and uninhibiting for the consumer to get music through any means that works best for them, and that more money should go to the artist.

      Publishers aren't really needed for the publishing part these days. Many artists are selling MP3s on their own websites. The publishers main purpose is advertising the artist and backing up the production of the product. With falling costs of production, publishers are becoming little more than over-egotistical advertising firms.

      Should some Madison Ave firm get 70% of McDonald's profits because they draw in the customers for them?

      The main issue here is less "How much should they get", and more "Who is working for who". The artists traditionally work for the publishers, but it is the publisher who should work for the artist.

  88. Yeh, like slavery by Anonymous Coward · · Score: 0

    There were "legal guidelines" which governed slavery, too. But we got rid of those bad laws, didn't we?

    I agree with the poster who said those who create artificial shortages are the thieves.

    Schroeder, your head is so far up your ass, it's come back up out through your neck again. When I legally obtain content, then for me, copying that content is, and has always been, part of the content. Wrap your head around that idea. My copying is perfectly legal and ethical, and in fact furthers my enjoyment of whatever work it is. The content would be incomplete and unsatisfying if I couldn't copy it.

    You might look at the conduct of the businesses you are defending, and then want to rethink your own ethics.

  89. Re:Actually, in Soviet Russia, the music frees you by Agrippa · · Score: 2, Interesting

    "Either they buy you out, sue you into oblivion, or both (think mp3.com)."

    Being as someone that worked for MP3.com since almost its beginning, I think I'm ok in saying the following:

    1. Beam-it was a legal crapshoot, we knew this, and we lost. The day it was announced at a company meeting almost everyone knew we were going to get the shit sued out of us for doing it. There was a small legal gray area in copyright law Michael Robertson tried to exploit.

    2. If not for losing hundreds of millions of dollars on lawyers/fines for doing Beam-it, MP3.com would probably still be in business today.

    MP3.com's own stupidity lead to its downfall, not the RIAA. In fact, in an alternate universe, its probably still serving up Big Poo Generator while slowly burning through $400 million in IPO money.

    .agrippa.

  90. Well, he may not be worried about the labels... by Stick_Fig · · Score: 2, Insightful
    ...but that's fine, because the labels aren't going to be worried about him.

    The reason why Apple's setup worked so gosh-dern well is that they had all of their ducks in a row, as has every other label-sanctioned music service. The fact that he's going to launch this thing without even talking to them makes the promise of his service sound a little foolhardy. He had this same problem with MP3.com, remember; he had no way to control the quality of the artists.

    Labels, love them or no (I certainly don't), tend to at the very least fliter out the amateurs and guys covering Chic songs with a mandolin and an egg shaker, so that you can actually hear someone with actual (or inflated) talent. The filter usually works as a loss to the customer, because the close-but-no-cigar artists are the ones that get filtered most unfairly. But in this case, the filter's a benefit -- it cuts out the armchair Garageband players.

    I could launch a service like this tomorrow. Just give me MS Frontpage, a couple MP3s from that album Bronson Pinchot did back in 1988 at the height of his "Perfect Strangers" fame years, a streaming shoutcast link and a link to Paypal, and I can also I manage to successfully do everything that Michael Richardson is promising in this article. But do i have any connections? Nope.

    In my scenario, the business plan fails, and pinchotTunes goes kaput in three weeks, but Bronson Pinchot has a second wind of fame as a result.

    You know, if you were coming with your A game, Michael, I'd applaud you, but I keep seeing B- and C+ games out of your various companies.

    --
    ShortFormBlog: Writing a little. Saying a lot.
    1. Re:Well, he may not be worried about the labels... by Anonymous Coward · · Score: 0

      How do you know Michael didn't talk to any labels? Where do you think he got all the content from? You think he sat around his computer for a week straight downloading 200000+ tracks using gnutilla? I think not. It's pretty obvious that the content mp3tunes has all comes from independent artists. These guys are a lot more likely to allow non-DRM downloads then the money grubbing, stick it in your ass, Big 5 (or is it the Big 4 now?) So what I'm saying is that Michael must have licensed content. It's just that he's actually allowing us to purchase the tracks as opposed to renting them!

      Also, as far as Apple's setup being so "gosh-dern" good... how come they haven't made a profit yet?

  91. Moral Difference by Luthair · · Score: 1

    I believe it differs morally from stealing in that no one actually looses anything. RIAA argues loss of sale, but most people can see downloads often are not replacing a sale anyway (particularly when you see the deographics of the people they've sued.)

    I think that our culture is used to media being free, Radio and Television (well sat/cable but music is more like PPV) cost nothing, CDs & books can be borrowed, etc.

    This makes me think of an interesting p2p system. Stream the audio, allow no saving and never have the number of listeners exceed the number of peers available with that song. In essence you'd be loaning the use to 'a friend'. Wonder if this is already out there.

  92. What is the purpose of this /. post? by Progoth · · Score: 1

    first off, it looks like this is STILL some crappy service a la itunes:

    "MP3tunes will use a service or tool called 'MP3beamer', which Robertson said would reconcile the need to store music in a centralized file store with the ability to play back the music anywhere, on any device. He declined to comment further."

    Store music in a centralized file store? No, thanks. Give me audiolunchbox over an "mp3beamer" any day. I <3 192kbit mp3 downloads where the artists actually get paid.

    not to mention that audiolunchbox actually has GOOD artists instead of mainstream drivel...a few I like: Interpol Noise Ratchet The Anniversary .hopesfall. Hot Water Music Grade ...the list goes on and on, and I don't really like a lot of different music. They give you zip file downloads of whole cds, with included cover art...ogg files on a lot of cds...

    anyway, something to check out. I'm not a shill for ALB, just a fan.

  93. They've done plenty about it... by Otto · · Score: 1

    They broke Hymn/JHymn cracked songs in iTunes 4.5, 4.6, 4.7.1, etc.. Okay, so Hymn was always quickly updated to fix the problem, but the point is that they have attempted to stop this sort of thing before.

    --
    - Give a man a fire and he's warm for a day, but set him on fire and he's warm for the rest of his life.
  94. In Soviet Russia, even the party is pirated! by Anonymous Coward · · Score: 0

    The point about allofmp3.com is that in Russia, copyright piracy is not really prosecuted. Go to a Russian market, and you will see tons of pirated software, music CDs, videogames and so on. The authorities have other problems on their minds, corruption is rampant and nobody gives a rat's ass about western copyright.

    If you think Russian laws are good, move to Russia and give your US citizenship to some Russki who wants to get out.

  95. Pay less for unlicensed IP! by Anonymous Coward · · Score: 0

    The Russians are selling you the right to download tracks for which they have no license to distribute internationally. In Russia, they are taking advantage of some broadcasting legal loophole that is quasi legal enough to avoid prosecution or lawsuits, but the fact is, they have no rights (from the companies that own the top40 music you download from them) to distribute their warez to you in the US or UK or wherever.

    So, you are paying them to get something you have no license for, instead of downloading it for free from a warez site. That's like paying some schmuck for a copy of their Photoshop instead of downloading it and finding a license you can steal for free. The middleman profits, but how do you? You own nothing, have still stolen what you got from the real owner (and know it), so you aren't even assuaging your own conscience.

    At least when you buy stolen goods on the corner, you are gaining something you probably coulnd't have stolen yourself. By paying the Russians to distribute unlicensed songs, you are just being an idiot in addition to being a thief.

    Great logic all around.

  96. Brilliant site by Zhe+Mappel · · Score: 2, Informative
    Downhillbattle.org makes the case quite well: iTunes is a GUI for the music industry, which didn't become any less corrupt simply because Apple digitally harnessed it.

    Now, we all love our iPods, etc. etc. But keep this in mind:

    Apple says iTunes is "better than free" because it's "fair to the artists and record labels." That's simply not true. First of all, Apple gets 3 times as much money as musicians from each sale. Apple takes a 35% cut from every song and every album sold, a huge amount considering how little they have to do. Record labels receive the other 65% of each sale. Of this, major label artists will end up with only 8 to 14 cents per song, depending on their contract. Many of them will never even see this paltry share because they have to pay for producers and recording costs, both of which can be enormous. Until the musician "recoups" these costs, when you buy an iTunes song, the label gives them nothing.

    The artists are still being screwed, even if it's behind a lickable interface.

    1. Re:Brilliant site by Anonymous Coward · · Score: 0

      Apple takes a 35% cut from every song and every album sold, a huge amount considering how little they have to do.

      Yeah. They only had to singlehandedly build and popularize the entire freaking infrastructure and market. Give me a break.

      The real problem is that music industry takes so much and gives so little back to the artists. And it's the artists themselves who are to blame. No one forced them to sign these preposterous contracts. They made a deal with the Devil, and now they complain that they're getting ripped off? Here's a clue. When artists start acting like artists instead of like the mafia, they'll get listeners acting like fans instead of thieves.

    2. Re:Brilliant site by mmkkbb · · Score: 1

      It's not just a problem with the artists. Labels are all too willing to screw over an optimistic, naive young band with a bullshit deal.

      --
      -mkb
  97. Nice post by Zhe+Mappel · · Score: 1

    Yours is one of the better defenses of the anti-DRM position against the club-handed assertion that people should just shut up and enjoy iTMS. Well done.

  98. Re:Actually, in Soviet Russia, the music frees you by ning · · Score: 2, Interesting
    I signed up to AllofMP3 last week and immediately spent $20 downloading 22 albums (after checking the quality was acceptable :). I had to stop myself getting more. As the parent poster points out, it's so cheap you might as well download stuff that might turn out to be rubbish (because occasionally you discover something new and great). I'm perfectly aware that the artist perhaps isn't getting well-paid for this; however, if I like an artist enough I'll buy a CD. And go to gigs. And buy merchandise. And play all their music incessantly at my friends until they all love this artist too.

    Downloads should be as cheap as possible, simply because distribution is so easy, in order to get any given artist's work exposed to as great an audience as possible. I'm prepared to pay for good-quality, well-tagged downloads, organised the way I want them (which is exactly what AllofMP3 does, bar creating playlists), but I'm not going to pay as much as I would for a CD. If I get a CD, I can rip it to any format I like, play it on any device I like, and I get something _physical_ (a box, a shiny bit of plastic, and some cover art) which I still think is important. (But maybe I'm getting old.)

  99. If you dont own a file you bought, by Anonymous Coward · · Score: 0

    then you might as well get it from P2P.

  100. A syllogism for you by Cryogenes · · Score: 1

    Stealing is bad
    Sharing is good
    ----------------------
    Sharing is not stealing

  101. Doesn't really make that much difference to me.... by Landak · · Score: 1

    But at least I have choice now- Download from gnutella 2 and give to friends, pay and download from ITMS, break DRM, give to friends, or pay and download from MP3tunes.com, then give to friends (30 seconds faster).*

    Seriously though, whist I probably shall buy something from the store (if I can get there before the lawyers do), simply so as to protest about DRM. I don't really want to do what I've described above (see below disclaimer), but if anyone did, they could. Breaking iTunes's DRM is not difficult- see previous slashdot stories - and I am legally allowed to break it, under fair use law.

    DRM does nothing to stop dedicated music sharers, other than hinder them; in just the same way that when I try and make a back-up copy of a game I've bought, and discover it's "protected", it only takes me about 30 seconds longer.

    I'm very glad that this new service will come into existence, but I'd really rather the RIAA realised that DRM does nothing other than to hamper those with knowledge, and make those without re-download a DRM free version, as I know happening once or twice.

    Disclaimer: The above post was for humour and/or illustration purposes only. I don't do any of the above. I'm 15. I'm British. Sue me :P.

    --
    My UID is prime. Is yours?
  102. How do you do that? by tkrotchko · · Score: 1

    "If you're really an "audiophile", then you don't get your music in digital form"

    Is that available anymore? LP's are gone, and I don't have a turntable.

    How can I get music stored in analog these days?

    --
    You were mistaken. Which is odd, since memory shouldn't be a problem for you
  103. You're wrong by Anonymous Coward · · Score: 0

    If we were talking Linux, it would be "Fanboy". But we're talking Apple, so its more correct to say "fanboi".

    Note that "fanboi" is never capitalized.

  104. Re:Refutations again by miskatonic+alumnus · · Score: 1

    Now I know you really don't know what you're talking about. This is not a zero sum game, and wealth is most definitely not finite.

    How is wealth measured exactly? Are you saying there is an infinite amount of silver and gold? Or an infinite amount of paper? How about oil, coal, cattle, fish, automobiles, wood, paper, plastic, land? Plays, novels, music, art, are wonderful stuff, and as long as people are alive, they will have value --- but only inasmuch as they have a physical presence in the form of a book or a cd, or are performed live.

    In the end, there are two types of material -- inorganic (metals) and organic (living stuff). Both of these are in finite supply. You are the one who really doesn't know what you are talking about.

  105. Hardly any by Anonymous Coward · · Score: 0

    "And XM is owned, in part, by Clear Channel"

    Check again. CC sold off most of their XM holdings. They own a tiny amount only.

  106. That really begs a further question by Anonymous Coward · · Score: 0

    "But so do sales and live performance, TV, MTV, club play, and word of mouth."

    Given that most adults don't go to live performances, or clubs, or watch MTV, and probably don't watch the kind of that would feed the interest, where is "interest" generated?

    Or is the teen market driving the adult market?

    1. Re:That really begs a further question by kitzilla · · Score: 1
      Given that most adults don't go to live performances, or clubs, or watch MTV, and probably don't watch the kind of that would feed the interest, where is "interest" generated?

      Most adults have firmly ossified musical tastes by the time they hit middle age. That's why stations are so generational: age groups gravitate to a corpus of music, and are generally quite happy that way.

      Which is why we have so many gold-based radio formats: Classic Rock, several flavors of Oldies, Classic Country, Adult Contemporary variants, and the like. Adults generally listen to what they know. Generally.

      There are adults -- and I'm sure some are reading here -- who continue to explore new artists and music. They're the exception, pop music's version of early adopters.

      Or is the teen market driving the adult market?

      YOUR teen years drive your present musical tastes.

      I think you badly underestimate adult live performance attendence. Adults *are* exposed to a lot of music on TV: in commercials, sitcoms, movies, and on channels like VH-1.

      I agree that MTV is positioned very young these days. I'm 43 and find very little there which appeals to me. That's due in part to MTV's shift from music videos to lifestyle programming, which is all about my kids, not me. I watch a lot of VH-1.

      --
      This is my post. There are many others like it. If you don't like what you read here, go try one of the others.
  107. You have the question backwards by Anonymous Coward · · Score: 0

    "Why is it that musicians expect to get paid forever for something that took them a matter of weeks or months to produce? "

    Why is that more insightful than:

    Why is it that record companies expect to get paid forever for something that took them a matter of weeks or months to produce?

    Seriously, why is the artist the one who's being the jerk here?

  108. "Fed up"? by renderhead · · Score: 2, Insightful
    MP3tunes hopes to attract users who are fed up with restrictions on copying music from sites that use digital-rights-management techniques, such as iTunes.

    Maybe I don't get out enough, but I don't know anyone who is "fed up" with the DRM on iTunes. To be "fed up" implies that you've used it and dealt with it for long enough that you just can't take it any more. The only people I hear with big gripes about iTunes' DRM are people who never used it in the first place for that reason. They don't count. The people who actually buy music from iTunes are generally satisfied customers, as far as I can tell.

    Maybe they meant "fed up with the fact that they can't find legal music to download without DRM".
    --
    I wish that my inferiority complex were as good as yours.

    -RenderHead

  109. already been done by allofmp3.com by Anonymous Coward · · Score: 0

    And cheap. 2 Cents a meg.

    MP3 at any bitrate for 2 cents a meg. give em a try!

    http://www.allofmp3.com

    Note: This is NOT an advertisement. Just a very happy customer passing on a recommendation.

  110. Again by daveschroeder · · Score: 0, Flamebait

    "Wealth" is NOT a zero sum game. If you think that any gains by someone who is wealthy equals a one-to-one decrease somewhere else, you are sadly, sadly, sadly mistaken. Yes, there are a finite amount of physical objects on earth. A finite amount of atoms in the universe. What's your point? You've demonstrated the height of utter, laughable ignorance if you believe for a second that wealth is zero sum, or that in order for the wealthy to become wealthier, they have to directly take from somewhere else (e.g., the "poor"). Perhaps you haven't grasped the concepts of growing economies that have been clearly demonstrated ad nauseum the world over. If you want to be disagreeable, sure, "wealth" can always be tied back in some way, shape, or form, to a physical object - or can it? Today, we consider information and intangibles a commodity. We even pay for them. (Well, at least some of us do.) How is that possible?! Buying an idea? Paying for services? In-sane! Take a macroeconomics course or something and stop lapping up the shit that your socialist friends are spewing from every orifice.

    1. Re:Again by miskatonic+alumnus · · Score: 1

      You really are woefully inadequate at trolling.

      I didn't say wealth is a zero sum game. You might want to get over yourself for a couple of nanoseconds, and stop putting words in my mouth.

      An idea without a physical manifestation has no retail value. Get it? Go point out where I can purchase the idea of Beethoven's 5th. The notion is absurd.

    2. Re:Again by daveschroeder · · Score: 1

      Wow.

      1.) Not trolling.

      2.) You were the one who said:

      How is wealth measured exactly? Are you saying there is an infinite amount of silver and gold? Or an infinite amount of paper? How about oil, coal, cattle, fish, automobiles, wood, paper, plastic, land? Plays, novels, music, art, are wonderful stuff, and as long as people are alive, they will have value --- but only inasmuch as they have a physical presence in the form of a book or a cd, or are performed live.

      In the end, there are two types of material -- inorganic (metals) and organic (living stuff). Both of these are in finite supply. You are the one who really doesn't know what you are talking about


      in DIRECT response to this quote of mine:

      Now I know you really don't know what you're talking about. This is not a zero sum game, and wealth is most definitely not finite.

      The implication is that you disagree with the content of that statement.

      If your issue wasn't with zero sum, and rather with the "finite" statement, ok, fine. But is it not a little absurd to say, essentially, that because there are limited physical resources to, say, produce compact discs or to support the processes to manufacture them, that therefore, "wealth" associated with this is finite? Sure, it's "finite", at some level - sometimes, in narrow areas, we even bump into resource limitations. But, as I read your response, the only purpose of refuting that statement is to also refute the concept that wealth is not zero sum. Now you appear to be saying that's not what you meant.

      An idea without a physical manifestation has no retail value.

      I wasn't even talking about that, so I have no idea where that came from. Sure, yes, there needs to be a physical manifestation. So what? That's irrelevant to what I was talking about.

      This is twice now that you have talked about something completely unrelated to the subject at hand. I was trying to explain why I believed that taking something that the owner wishes you to pay for without permission, and without paying for it, is inappropriate. You twisted that around to talk about demanding payment for opening the door for old ladies, or Newton demanding payment for calculus. I never said anything of the sort. The fact is that someone COULD choose to demand payment for opening doors. What business is it of yours to stop them? What business is it of yours to steal that service? You didn't physically deprive the owner of anything... What's that? You didn't *agree* to pay the music owners anything, so therefore you don't have to? Ahh, I see.

      But since it's clear from reading some of your posts that seem to disagree with most of the concepts of capitalism, corporatism, ownership, property, and everything associated with them and are essentially an out-and-out socialist, we'll likely not agree on any of these topics.

    3. Re:Again by Anonymous Coward · · Score: 0

      Direct quote: "Today, we consider information and intangibles a commodity. We even pay for them."

      followed by: "I wasn't even talking about that, so I have no idea where that came from. Sure, yes, there needs to be a physical manifestation. So what? That's irrelevant to what I was talking about"

      in response to: "An idea without a physical manifestation has no retail value."

      You just contradicted yourself. You say we pay for intangibles (look up the word). Then you agree that the value is in the necessary physical object. Which is it?

    4. Re:Again by daveschroeder · · Score: 0, Flamebait

      Christ.

      These are all questions you can answer yourself. You know damned well that we pay for services, i.e., things that have no physical object associated with them. You also know damned well that he was referring to things like music having a physical manifestation, such as a CD. I'm agreeing with that point. But is a music performance a "physical manifestation"? You're not buying anything that you physically leave with. Paying for a service doesn't have a physical manifestation.

      I was agreeing with HIS premise about physical manifestations with retail value when related to wealth. Clearly that is true. It is ALSO true that we pay for things that have NO physical manifestation, such as services or performances. Now if you want to get into semantics, and say "well, the service has to be performed by someone; that's the physical manifestation" or "the musical performance, the artists, the instruments, and the venue are the physical manifestation" then you're just arguing semantics to be an asshole. The point is we pay for things were we don't get a *physical object in return* all the time. Things that have *retail value*. How is this a surprise?

      If you say that you're specifically talking about an "idea", not a "service", this is ALL an issue of semantics. But you know EXACTLY what I was talking about in both instances (not to mention that they were different contexts, since the person who I was replying to was continually trying to twist the argument in unrelated directions); you're just choosing to be an ass, which is fine and not surprising in the least.

      Just so there is no doubt about what I am saying:

      I did not contradict myself.

      I said we pay for things that have no "physical manifestation", that is, for which we get no object in return that is ours to keep, all the time.

      I also said that sure, in the specific argument of the person I was responding to, there needs to be a physical manifestation FOR THE SPECIFIC THINGS HE WAS TALKING ABOUT, but not always, and not in a general sense.

      No conflict. But nice try.

      Of course, none of this changes the fundamental truth that wealth is not a zero sum proposition, total wealth can grow, and that the concept of "wealth", overall and not viewed in extremely narrow or specific categories or market segments, is not finite (except in absurd terms that consider the limits of physical matter on the earth or in the universe; and yes, I am aware that there is a finite amount of "gold" on the earth: we're not talking about "gold", we're talking about the societal construct of "wealth", which has been proven to not be "finite", in those terms, and most definitely not zero sum, time and again).

  111. Move to no DRM already starting - Warp records by orb_fan · · Score: 1

    Warp records already embraces no DRM. Their online store www.bleep.com provides MP3s at 192kps with (admittedly small) cover art. A full CD is $10.

    Warp is not a huge label, nor is their music to everyones tastes, but it is a good start.

    Personally I would like to see the cost be a little lower, considering that there is no physical distribution costs, but it is low enough that I would pay for a CD's worth of music, rather than get it from other sources.

  112. how will this work? by Robocoastie · · Score: 1

    sounds like it still has some drm to it just it has the code on the server?

  113. Re:In the beginning there was no DRM, and it was g by Robocoastie · · Score: 1

    >>I think the only true way to escape it is to get the artists to migrate away from the labels. Not gonna happen - ever. The labels provide money for new music equipment, money up front for them to make their music, money for sound editors and recorders, money for promotions etc etc. Getting recognized and contracted with a label or agent is the goal of every musician just like it is a high school and college football player to get recognized by a recruiter.

  114. Errata by daveschroeder · · Score: 1

    I should correct

    during a party or gathering on private property

    to read

    during a party or gathering in a private residence

    as that was the intent of my statement.

  115. Re:In the beginning there was no DRM, and it was g by Anonymous Coward · · Score: 0

    > I'm not sure property without locks and keys - and penalties for breaking them -
    > can even survive (at above some very basic level, and certainly not as a market
    > leader) in a free market system, and it may in fact be fundamentally
    > incompatible.

    Bingo.

    What happens when lock and key is impossible, and the item to protect is there to grab? People will take. Punishment will ensue. The cycle will get tiresome. The music industry will die. Garage bands and idol pursuits will be the domain of the truly obsessed/possessed. Popular music will retreat into museum exhibits. In 150 years, Greenwich village blue bloods will pay to watch a diva perform "Hit Me Baby One More Time" in E minor and look down their noses at anyone who didn't have the benefit of a classical education detailin the idiosyncracies of the 21th century Plastique era.

  116. I think this whole dirty business could be... by Brained+Child · · Score: 1

    solved by more sites like http:\\www.AllofMp3.com The user gets whatever encoding in whatever bitrate all in under 30 seconds of finding the song for pennies per song. If this were common practice there would be no need for p2p music swapping. People could get the music they want so cheap that the idea of sharing just wouldn't seem worth it anymore.

  117. Preaching, eh? by Anonymous Coward · · Score: 0

    I told you what you can do about it. Personally, I've just seen to it that music I buy (and I do buy it) aren't laden with DRM. I wish I wasn't so lazy, otherwise I'd also start mailing companies I don't buy from and tell them why.

    In short, I will never use iTunes as long as it uses DRM. That is what you can do about it. Since you ask. Since you think it sucks.

    You can call it preaching all you like, that doesn't bother me. Lots of great men who accomplished great things, and got others to follow these causes were preachers (though I don't personally like religion as such). So if I'm a preacher, hear my sermon: Do not buy music with DRM. It will help create a better world in one small instance.

    Amen.

    1. Re:Preaching, eh? by CrackedButter · · Score: 1

      How do I get the tracks I want without buying an album or DRM then friend?

  118. To address the question of performances... by David+Rolfe · · Score: 1
    You ask: Are you telling me that you must pay royalties to ASCAP to play music (in this case, most US-copyrighted works from the US labels) that you have purchased in your own home during a party or gathering on private property (ed. corrected "during a party or gathering in a private residence")? I apologize if I misspoke on fair use, specifically, and will stipulate to your correction. But still, are you telling me that playing CDs you own in your own house while anyone else other than yourself is in earshot is technically illegal or infringing? Because that's the insinuation of your post.

    It's actaully kinda murky. I guess it depends on how big the party or gathering was in your private resisdence and whether there was any kind of compensation.

    Quoth The Law (section 110)

    110. Limitations on exclusive rights: Exemption of certain performances and displays

    Notwithstanding the provisions of section 106, the following are not infringements of copyright: ...I've removed (1), (2) and (3) as they aren't relevant...

    (4) performance of a nondramatic literary or musical work otherwise than in a transmission to the public, without any purpose of direct or indirect commercial advantage and without payment of any fee or other compensation for the performance to any of its performers, promoters, or organizers, if --

    (A) there is no direct or indirect admission charge; or

    (B) the proceeds, after deducting the reasonable costs of producing the performance, are used exclusively for educational, religious, or charitable purposes and not for private financial gain, except where the copyright owner has served notice of objection to the performance under the following conditions:
    (i) the notice shall be in writing and signed by the copyright owner or such owner's duly authorized agent; and

    (ii) the notice shall be served on the person responsible for the performance at least seven days before the date of the performance, and shall state the reasons for the objection; and

    (iii) the notice shall comply, in form, content, and manner of service, with requirements that the Register of Copyrights shall prescribe by regulation;


    The parts I bold here show that parties where you play music may not be legal if the invites say "bring beer and chips". It's kind of irrelevant how private the property or residence. You could always play a CD for your family, or while others are in earshot because then you have the intent defense. However, you could have a private party, and recieve compensation for public performance of copyrighted works (again like in a previous post) if it was 'educational' (the code talks about face to face teaching situations, you might like reading it). Also note the religious and cheritable exemption. This allows for copyrighted music (and plays, covered in a different section) to be performed as part of church services whitout being infringement.

    Anyhow. I hope this has shown just how ridiculous that copyright law in the U.S. has gotten. Some CD cases will even claim rights to performance and what not, so for a little funny extra cirricular, read all the fine print on some of your more popular CDs and see what gold you can find.

    I guess I should note that IANAL and this is not legal advice.
    --
    Read Heinlein's 1953 Revolt in 2100, now more than ever.
    1. Re:To address the question of performances... by martinX · · Score: 1

      The parts I bold here show that parties where you play music may not be legal if the invites say "bring beer and chips".

      An average invitation might say "bring your own beer and chips" (i.e. for your own consumption and the consumption by girls you wish to get drunk) but it would be a scabby host that said "bring beer and chips as compensation for listening to my cool music".

      While it may look murky legally, I have no doubt that even Lionel Hutz would get this one thrown out of court.

      --
      When they came for the communists, I said "He's next door. Take him away. Goddam commies."
    2. Re:To address the question of performances... by David+Rolfe · · Score: 1

      While it may look murky legally, I have no doubt that even Lionel Hutz would get this one thrown out of court.

      Heh. :-D I wasn't trying to justify it, I'm just pointing out that there is situation where trouble arises, despite how innocuous it seems. In the same snippet of the Code you also have a problem if people you invite bring strangers (people that weren't invited)... because then all of a sudden it's 'public'. So yeah, I'm not saying that these aren't defensible cases, or that they wouldn't get thrown own by a Judge's common sense or 'intent of the law' rationale.

      Anyhow... always fun these crazy laws of ours.

      --
      Read Heinlein's 1953 Revolt in 2100, now more than ever.
  119. Re:In the beginning there was no DRM, and it was g by cens0r · · Score: 1

    That's not necessairly true. Many bands have no ambition past signing to one of the indie mid-majors. I can't imagine too many of the bands on matador or subpop leaving for a major. Those labels are large enough to provide everything the band needs but still fairly small and outside the RIAA.

    --
    Jack Valenti and Orrin Hatch will be first up against the wall when the revolution comes.
  120. NOT flamebait.. wtf by EvilStein · · Score: 1

    Idiot mods, I swear.

    Ever been in the music industry? Ever been in a full time working band?
    There are a LOT of bands out there that say "oh, we're better than $GROUP and they're on a label. it's so unfair" when the reality is, they're not better. They just think they are.

    Not all bands are great bands and so label worthy. Sorry. It's just reality.